Advertise on podcast: Due Process - The Interviews

In this episode Trevor speaks with lawyer, researcher, and lecturer Vincent Denault, about the use of non-verbal cues in deception detection and credibility assessments in Canada’s Criminal Justice System. Topics discussed include the use of science in court rooms, the dangers of pseudo science, the relationship between science and the law, the importance of non-verbal cues and behaviour in effective communication, the problem of applying research from investigative interviews to court room testimony, the difference between veracity and credibility, and the importance of collaboration and open-mindedness in improving our justice system.

In this interview, Trevor speaks with Dr. Veronica Stinson and soon-to-be PHD student Gena Dufour about victim participation and Victim Impact Statements in Canada’s Criminal Justice System. The conversation covers Victim Impact Statements generally and Gena's recently completed master's thesis on what role these statements play in our justice system. Topics discussed include: defining victim impact statements, who may submit these statements, how victim impact statements are used by our courts, instrumental and expressive models of statements, what role, if any, victims should have in influencing the sentencing of offenders, the restrictions of what a victim can say in an impact statement, whether the method of submitting an impact statement matters, and the emotional challenges and stresses that preparing a statement may have on a victim.

In this episode Trevor speaks with Mark Benton, Q.C., CEO of Legal Aid BC. Topics discussed include, defining legal aid, the services generally provided by legal aid, the general importance or legal aid and access to justice, legal aid eligibility and the rationale behind these eligibility requirements, the percentage of people receiving legal aid in BC, the underfunding of legal aid, the importance of early intervention in the criminal justice process, the role legal aid can play in addressing systemic issues of colonialism in our justice system, and the future of access to justice and legal aid in BC. Although the legal aid situation in BC informed this conversation, the principles and information discussed are applicable to provincial legal aid models throughout Canada.

In this interview, Trevor speaks with wrongful conviction exoneree, educator, lawyer, and criminal justice reform advocate, Jeffrey Deskovic. Trevor and Jeff discuss his wrongful conviction, his background and upbringing, the murder of his classmate, interactions with police, interrogation and coerced confession, his time spent in jail, strategies he employed to survive jail and not lose hope, his exoneration, and his efforts now as a lawyer and advocate to avoid wrongful convictions.

In this interview, Trevor speaks with Dr. Ryan Fitzgerald, professor of forensic psychology and law at Simon Fraser University about topics related to eyewitness identification, police line-ups, and memory. Other areas covered include: photo packs, the accuracy of memory generally, changes in memory as we age, how memory can lead us astray, the challenges of identifying criminals, the purpose of police-line-ups and photo packs, the different versions of the lineup procedure, the challenges of administering an appropriate lineup, and the best practices to incorporate when using lineups.

In this Interview, Trevor speaks with Andrew Pilla and Levi Vandersteen about the right to be tried within a reasonable time and the Charter remedy available for when this right is violated. The discussion focuses on the landmark decision of R. v. Jordan and Andrew and Levi’s 2019 article titled “Re-Charting the Remedial Course for Section 11(b) Violations Post-Jordan.” Topics discussed include the Jordan framework generally, how an automatic stay came to be viewed as the only appropriate remedy in an 11(b) violation, why a delay may not always immediately prejudice or harm the accused, and their proposed remedial framework which balances the rights of the accused with the societal interest of proceeding with a trial on its merits. Andrew and Levi are both crown attorneys in Ontario. Their views and opinions do not represent the views held by the Ministry of Attorney General for Ontario.

In this interview Trevor speaks with Director of the UBC Innocence Project, Tamara Levy Q.C. This interview will also serve as a preview of the topics we will be reviewing in our first season, as Trevor and Tamara discuss many of said topics including: wrongful convictions, Tamara’s interest in studying and preventing wrongful convictions, the creation of the UBC Innocence Project, their recent success in exonerating Tomas Yebes, the hallmarks of wrongful convictions, the use of science in righting miscarriages of justice, the need to revisit historic cases and convictions, jail house informants, juries, and demeanour evidence.

In this interview, Trevor continues to discuss the Supreme Court of Canada’s decision in R. v. Jordan with Dr. Christopher Sherrin, Associate Dean at Western University Faculty of Law. Trevor and Chris discuss the importance of a reliable justice system, the impact of Jordan, the ongoing issue of delay, whether the Jordan Framework has really changed the manner in which courts assess unreasonable delay applications, Jordan framework and arithmetic, why it may be time to re-consider the automatic stay remedy for unreasonable delay, the importance of judicial flexibility, and the importance of regular reflection on what we want our criminal justice system to achieve.

In this interview Trevor speaks with lawyer, and counsel in the landmark decision R. v. Jordan, Eric Gottardi, Q.C., about unreasonable delay and section 11(b) of the Charter of Rights and Freedoms. Topics discussed include: the historical significance of being tried within a reasonable period of time, how delay can impair trial fairness, why the right to trial in a reasonable time was enshrined in s.11(b) of the Charter, why the right is key in a society that values the rule of law, the court’s approach to unreasonable delay applications prior to Jordan, complacency and delay prior to Jordan, The Supreme Court of Canada’s decision in R. v. Jordan, the significance of this decision, and how this seminal decision has impacted Canada’s Justice System.

In this interview Trevor speaks with renowned lawyer John Kingman Phillips about full and complete disclosure and the right to know the case against you. Topics discussed include: the challenges and unfairness of trial by surprise, the historical roots of disclosure, the importance of disclosure for trial fairness, his role as co-counsel in the landmark disclosure decision of R. v. Stinchcombe, the state of disclosure today, continuous obligation to disclose, the responsibilities of police, crown, and defence counsel, and the manner in which disclosure can be achieved.