Writing Reasons in Sexual Assault Cases (2024 Edition)
It is recommended to participate in the Judgment Writing Seminar prior to taking this course.
OVERVIEW
Historically, sexual assault complainants have faced scepticism and hostility in the Canadian legal system. For example, the law used to permit invasive and humiliating questioning of complainants. Many reforms have been enacted in recent years to address this problem.
In addition, greater focus has been placed on the role of judges who decide sexual assault cases. Recently, amendments to the Judges Act urge the Canadian Judicial Council to provide judicial training on sexual assault law and social context. In addition, the Criminal Code now requires judges to issue reasons in sexual assault cases (s 278.98). This enactment may draw greater attention to the reasons judges give in these cases.
This online seminar will discuss how to formulate sound reasons in sexual assault cases using sensitive and appropriate language, and avoiding harmful stereotypes. The seminar will feature a combination of (1) lectures by judges and professionals; (2) exercises and small group discussions exploring common problems and how to address them; and (3) individual writing time to practice the skills gained from the seminar. In particular, the course will address the difficulties in expressing credibility findings with respect to vulnerable people and discuss the risks of relying on so-called common sense. Participants will learn how language and tone may be used to emphasize healing and avoid re-traumatizing individuals.
A fact pattern will be developed and participants will use this hypothetical scenario to practice the writing of reasons. Participants will leave with a greater understanding of themes that often arise in sexual assault cases: What do appeal courts look for? Should oral reasons differ from written ones? What kinds of common and subtle stereotypes should judges keep in mind (and out of their reasons)?
Bilingual program with simultaneous interpretation.
Participation in this program is approved under Section 41 (1) of the Judges Act.
Schedule: 11:00 am – 5:00 pm (Eastern Time)
GUEST SPEAKERS
Keynote Speaker
 |
The Honourable Justice Andromache Karakatsanis, Supreme Court of Canada Judge Andromache Karakatsanis was appointed to the Supreme Court of Canada in October 2011, following distinguished judicial and administrative positions in Ontario. A graduate in law from the University of Toronto and Osgoode Hall Law School, she practiced in criminal, civil, and family litigation. She played a pivotal role in administrative justice reform and was recognized for her contributions in this field. © Jessica Deeks Photography, Supreme Court of Canada Collection |
Co-Chairs
- The Honourable Justice Suzanne Boucher, Ontario Superior Court of Justice
- The Honourable Justice P. Colleen Suche, Court of King’s Bench of Manitoba; CIAJ’s Past President
REGISTRATION
Please contact the Project Manager of Judicial Programs, Vicki Gondek:
Tel.: 514-731-2855, extension 6
Email: vicki.gondek@ciaj-icaj.ca
TERMS AND CONDITIONS
- Inability to attend may result in a registration being transferred to a colleague of the same organization up to 7 days before the Event. The request must be made in writing.
- Cancellation incurs processing fees as follows: $100 for cancellations 30 days or more before the event and 50% of the registration fee for cancellations 7 days or more before the event. No refund will be extended for cancellations made less than 7 days before the event.