3A – Due Diligence in Environmental Prosecutions: A Mock Trial

Preliminary Course Agenda

May 14, 2020
Course Description

Crown Prosecutors are more vigorously prosecuting environmental violations and seeking higher fines against companies and individuals alike. Defence counsel in environmental prosecutions must leave no stone unturned in rebutting the Crown. Defendants and their counsel must avail themselves of all defences and strategies to defend against allegations of environmental quasi-crimes.

A successful due diligence defence is key to defending environmental prosecutions and seeking an acquittal. In this full-day workshop, attendees will review key tips and traps for defending environmental prosecutions including defences to assert. Recent trends and hot topics in environmental prosecutions will be discussed.

Finally, presenters will conduct a mock environmental prosecution trial premised on a case in which the defendant won the day.

Course Chairs

Marc McAree, Willms & Shier Environmental Lawyers LLP | Matthew Gardner, Willms & Shier Environmental Lawyers LLP

Guest Speakers

To be announced

Course begins 9 AM

Environmental liability

Inspections / Investigations

Trial process

Judicial pre-trial

Settlement process

  • Crown’s burden of proof
  • Acquittal or conviction
  • Legal defences including the defence of due diligence

 Sentencing upon conviction

Case law updates: Increasing fines and jail terms

Fireside chat
  • R v Jordan
  • R v Husky; Internal investigation; Privilege
  • Search warrants and sealing
  • Directed verdict
  • Case splitting
  • Federal vs provincial implications of conviction

Mock trial
  • Opening (Crown)
  • Prosecution case
    • Provincial officer/investigator
    • Company employee
  • Defence case
    • Company owner
  • Closing (Defence)

Question & answer period

Course ends 5 PM

Course ProgramsRegister