Criminal Law Practice 2022

Course Chairs
Grace Oh — Crown Counsel, Ministry of Attorney General, Vancouver
Kevin B. Westell — Pender Litigation, Vancouver

About the Course Chairs
Grace Oh has been enjoying a career as Crown Counsel since 1997 after graduating from UBC Law in 1993 and a misguided detour through civil litigation.

She has prosecuted all manner of offences in various offices, mostly in the Vancouver region. She has a wide breadth of experience from her time in busy remand courts, trial practice, and policy/administration—primarily in Provincial Court. She has been a mentor to students and junior counsel through UBC Law School programs and annual Crown Counsel Conferences and has been a regular lecturer for the Justice Education Society throughout her career.

She is currently Crown Counsel for the Bella Coola Circuit and Vancouver Youth Court.

Kevin Westell is a founding partner at Pender Litigation. He earned his law degree at the Robson Hall School of Law at the University of Manitoba before being called to the BC bar in 2009. 

Kevin routinely defends accused persons before all levels of court in BC and has acted as trial counsel in Alberta, Manitoba, and Ontario. He is retained from time to time to prosecute cases on behalf of the Attorney General of BC in courts across the lower mainland and before the Mental Health Review Board. Mr. Westell has also been called upon to act as amicus curiae before the Supreme Court of BC and the BC Court of Appeal. 

Kevin has presented at many continuing legal education conferences including the CBA National Criminal Law Conference, the CLEBC Winning Trial Advocacy Workshop, and the Osgoode Hall Intensive Trial Advocacy Workshop (ITAW) as well as various other programs put on by the Advocate's Society and CLEBC.

He currently serves as president of the Advocate's Club and as a member of the Executive Committee of the CBA National Criminal Justice Section, the Advocates' Society's British Columbia Advisory Committee, and the TLABC Criminal Law Committee. He has previously served as Chair of the CBA Vancouver Criminal Justice Subsection.

Faculty
The Honourable Judge Thérèse Alexander — Provincial Court of BC, New Westminster
The Honourable Judge James Bahen — Provincial Court of BC, Vancouver
The Honourable Judge Reginald Harris — Provincial Court of BC, Vancouver
The Honourable Judge Andrea Ormiston — Provincial Court of BC, Chilliwack
The Honourable Judge Raymond D. Phillips — Provincial Court of BC, Kamloops
The Honourable Judge Patricia E. Stark — Provincial Court of BC, Vancouver
Ardith J. Bailey — Crown Counsel, Ministry of Attorney General, Surrey
Karin A. Blok — Fowler and Blok, Vancouver
B. Keith Boland — Crown Counsel, Ministry of Attorney General, Vancouver
Michaela E. Donnelly — Crown Counsel, Ministry of Attorney General, North Vancouver
Michael Gismondi — Peck and Company, Vancouver
Jamil A. Ladha — Crown Counsel, Ministry of Attorney General, Surrey
Jacinta Lawton — Crown Counsel, Ministry of Attorney General, Vancouver
Kristy Neurauter — Myers, Karp, Patey & Neurauter, Vancouver
Christina Proteau — Crown Counsel, Ministry of Attorney General, Port Alberni
Shelene Rail — Crown Counsel, Ministry of Attorney General, Surrey
Richard A. Schwartz — Barrister & Solicitor, Victoria
Casey St. Germain — Barrister & Solicitor, Surrey
Vicki M. Williams — Michael Klein Law Corporation, Vancouver

Click here for full faculty bios

Introduction and Land Acknowledgement (9:00 - 9:05)

Grace Oh — Crown Counsel, Ministry of Attorney General, Vancouver
Kevin B. Westell — Pender Litigation, Vancouver

Pre-charge Assessment (9:05 - 9:55)

• initial meeting with clients
• statements to police
• discussions with Crown and "without prejudice" communications
• a Crown perspective on charge approval

Moderator: Grace Oh — Crown Counsel, Ministry of Attorney General, Vancouver
Michael Gismondi — Peck and Company, Vancouver
Jamil A. Ladha — Crown Counsel, Ministry of Attorney General, Surrey

BREAK (9:55 - 10:05)

Youth Court: The Essentials (10:05 - 10:55)

• youth criminal justice in context
• procedural differences
• resources for an accused

The Honourable Judge Reginald Harris — Provincial Court of BC, Vancouver
Ardith J. Bailey — Crown Counsel, Ministry of Attorney General, Surrey
Richard A. Schwartz — Barrister & Solicitor, Victoria

BREAK (10:55 - 11:05)

Getting to the Best Resolution (11:05 - 11:50)

• elements: non-criminal, non-custodial, or minimally custodial
• like a release plan but focused on resolution
• proceeding with and without Crown engagement—matters to consider 

The Honourable Judge Andrea Ormiston — Provincial Court of BC, Chilliwack
B. Keith Boland — Crown Counsel, Ministry of Attorney General, Vancouver
Vicki M. Williams — Michael Klein Law Corporation, Vancouver

BREAK (11:50 - 12:00)

Mental Health Issues and the Criminal Process (12:00 - 12:45)

• professionalism, client competence, and client relations
• getting a medical assessment
• treatment plans and case resolution

The Honourable Judge Patricia E. Stark — Provincial Court of BC, Vancouver
Michaela E. Donnelly — Crown Counsel, Ministry of Attorney General, North Vancouver
Kristy Neurauter — Myers, Karp, Patey & Neurauter, Vancouver

LUNCH (12:45 - 1:15)

Gladue and the Criminal Process (1:15 - 2:05)

• charge assessment
• bail
• sentencing
• gathering and presenting the information

The Honourable Judge Raymond D. Phillips — Provincial Court of BC, Kamloops
Karin A. Blok — Fowler and Blok, Vancouver
Christina Proteau — Crown Counsel, Ministry of Attorney General, Port Alberni

BREAK (2:05 - 2:15)

Bail Topics (2:15 - 3:05)

• factors: mental health, addiction, safety, Gladue, sureties
• bail review grounds
• bail review process

The Honourable Judge James Bahen — Provincial Court of BC, Vancouver
Jacinta Lawton — Crown Counsel, Ministry of Attorney General, Vancouver
Casey St. Germain — Barrister & Solicitor, Surrey

BREAK (3:05 - 3:15)

Post-COVID Trial Practice (3:15 - 4:05)

• increased witness accommodation—from cross-examination to exhibit handling
• remote applications
• remote advocacy 

The Honourable Judge Thérèse Alexander — Provincial Court of BC, New Westminster
Shelene Rail — Crown Counsel, Ministry of Attorney General, Surrey
Kevin B. Westell — Pender Litigation, Vancouver 

Concluding Remarks (4:05 - 4:10)

Grace Oh — Crown Counsel, Ministry of Attorney General, Vancouver
Kevin B. Westell — Pender Litigation, Vancouver