CPD 385 – Representing Complainants in Sexual Assault Proceedings, Part 2

Recorded: 2024-04-10

Qualifies for 1.0 CPD hour, all of which qualifies for Ethics.

Complainants in sexual assault proceedings have a statutory right to be represented by counsel when their privacy rights are engaged due to disclosure of private records and the introduction of evidence about their sexual history. In Saskatchewan, Victims Services pays for counsel to represent complainants, and the Courts and Community Justice Division assists in locating counsel for these proceedings. Counsel representing complainants are essential to safeguarding survivors’ right to privacy during legal proceedings and ensuring their journey through the justice system is respectful and supportive.

In this series, Dawne Way, lawyer and victims’ rights expert, shares guidance for those representing complainants in sexual assault prosecutions. Get up to speed on third-party records applications, applications concerning the admissibility of other sexual activity, and the admissibility of evidence in the possession of the defence. Zoom in for a review of the legislation and leading case law governing the representation of complainants in applications pursuant to sections of the criminal code (ss. 276, 278.3, 278.92, 278.93 and 278.94).

Topics covered include: independent legal advice, and overview of the code provisions and leading cases, and tips for professionally and responsibly representing complainants in criminal prosecutions.

Part 1 (CPD 382) – third-party records applications ss 278.3
Part 2 (CPD 385) – admissibility of other sexual activity and the admissibility of evidence in the possession of the defence ss. 276, 278.92, 278.93 and 278.94