October 15 2020 - October 16 2020

Court of Queen's Bench of Manitoba Education Seminar - Online

This program focused on Administrative Law after the Supreme Court of Canada’s decision in Vavilov; an update on recent Supreme Court of Canada decisions in Criminal Law, and parental alienation in Family Law.

Number of Participants: 39

Overview

This program focused on Administrative Law after the Supreme Court of Canada’s decision in Vavilov; an update on recent Supreme Court of Canada decisions in Criminal Law, and parental alienation in Family Law.

Objective

The objectives of this seminar were to enhance participants’ understanding of the standards of review in Administrative Law post-Vavilov; to provide critical updates on the Supreme Court of Canada criminal law jurisprudence with particular emphasis on sexual assault developments, s.24(2) Charter issues, and other evidence issues; and to provide a judicial toolkit to assist judges in high conflict family law cases where parental alienation is an issue.

Summary

The program was presented by an experienced faculty of judges and legal academics. Participants examined judicial review of administrative decisions in the wake of the Supreme Court of Canada’s Vavilov decision. Participants in the Family Division gained an enhanced understanding of parental alienation in high conflict family law cases and the need to focus on the best interests of the child in challenging custody cases where parental alienation is an issue. Participants in the General Division gained an enhanced understanding of developments in the law of sexual assault (including in the application of s.276 of the Criminal Code), applications to exclude evidence under s. 24(2) of the Charter, and the admissibility and treatment of “after the fact conduct” evidence in criminal cases.