September 28, 2021

Ep.12 – A panel discussion on sexual offence litigation: Her Majesty the Queen v. J.J., procedural barriers, and personal challenges

1 hour 11 minutes

Join Danielle and criminal defence lawyers, Daniel Brown and Janani Shanmuganathan as they discuss the current state of sexual offence litigation in Canada.

Learn about the status of the Supreme Court of Canada case R. v. J.J. and the

constitutional challenge to key provisions in the Criminal Code (ss 276 and 278) that impact sexual offence litigation. They examine the hurdles that the defence bar must overcome and how current legislation can undermine an accused’s fair trial rights. Our guests shed light on the personal and professional challenges of defending against sexual assault charges, including the uncertainty during trials and unfair media perceptions.

In a new segment called “Trial Diaries”, Danielle brings us into the courtroom, providing context to the reverse disclosure regime in section 278.92 of the Criminal Code.

Other topics include:

Section 276 of the Criminal Code and the exclusion of a complainant’s past

sexual history.

Bill C-75 and the elimination of preliminary inquiries.

Changes to the jury process.

A complainant's right to be represented by outside counsel and their roles during hearings.

Lack of appellate guidance on sexual offence issues.

Lack of alternative dispute resolution methods in sexual assault cases.

Special Guests: Daniel Brown has a criminal trial and appellate practice and is the co-author of Prosecuting and Defending Sexual Offence Cases, 2nd Edition. Janani Shanmuganathan specializes in criminal appeals, trials, and professional discipline.

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