Superior Court of Justice (Ontario): Judging in Your First Five Years Seminar

Overview

A special iteration of this national seminar, made mandatory by the Canadian Judicial Council, was offered to judges of the Superior Court of Justice (Ontario) on account of the high number of recent appointments to this court. It immediately preceded the Court’s spring Education Seminar. Participants spent three-and-a-half days engaging in intensive and interactive work with a view to receiving a comprehensive overview of the process of conducting a criminal trial and, in particular, a sexual assault trial.

Objectives

The main objective of this seminar was to equip new judges with the knowledge and skills they need in order to manage a criminal trial from start to finish. As sexual assault trials pose some of the greatest challenges for the judicial role, the seminar also served to ensure that participants understand this complex area of the law and can conduct these trials effectively, efficiently and fairly.

Summary

This seminar was led primarily by senior judges and legal academics. Two sexual assault fact scenarios helped anchor the issues and allowed participants to practise the relevant skills in small groups, using a blend of courtroom roleplay videos and live submissions by Crown and defence counsel.

Participants received training in substantive and procedural law and the law of evidence, including the statutory regimes governing third party records and sexual history evidence, as well as Charter motions by the accused. They also developed skills in managing examination-in-chief and cross-examination, exercising the judicial gatekeeping function in respect of expert evidence, making credibility assessments and ensuring the sufficiency of reasons for judgment. A session on myths and stereotypes enabled participants to understand the social context in which sexual assault takes place and to identify prohibited lines of reasoning.

A special session on the victimization of Indigenous women and Indigenous experiences of the criminal justice system helped participants appreciate the import and ramifications of the Barton appeal, then pending at the Supreme Court of Canada, and the National Inquiry into Missing and Murdered Indigenous Women and Girls.

The seminar also featured a keynote address by a clinical psychologist, who explained the developmental issues to bear in mind and the testimonial accommodations available when a child witness or a witness with an intellectual disability or a mental illness takes the stand.