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w w w . C A N A D I A N L a w y e r m a g . c o m A P R I L 2 0 1 6 33 police to obtain body samples incident to a sexual assault arrest. The appeal raised an important area of the law relating to search and seizure, privacy, and bodily integrity — an area of law that is consis- tently modified and re-balanced by the Supreme Court. The 26-year-old defendant, Ali Has- san Saeed, had been convicted at trial of threatening and aggravated sexual assault in the rape of a 15-year-old girl on May 22, 2011. Saeed was caught in the act when a friend of the complain- ant responded to screams outside her home and found Saeed in the act of raping her. Arrested and temporarily handcuffed to a steel pipe in a jail cell, police ordered Saeed to swab his penis so they could obtain a sample of the com- plainant's DNA. Saeed was permitted to conduct the swabbing himself under observation of two police officers. The Crown argued the warrantless search had been necessary because the complainant's DNA would quick- ly deteriorate or disappear. The trial judge found that the swab was uncon- stitutional in that it did not meet the requirements of a warrantless search incident to arrest. However, she permit- ted the results to be admitted since it was carried out in good faith and soci- ety's interest in the adjudication of the offence overrode the breach. For McGuire, it would be her eighth appearance in the Supreme Court. It would be Hayes-Richards' first. At their mock hearing, judges were Barry Zal- manowitz, a partner at Dentons LLP, defence counsel Nate Whitling, and Ste- ven Penney, a criminal law professor at the University of Alberta. The session was lively and drove the two prosecutors into uncharted terrain. McGuire says the institute session made her aware that she sounded too aggres- sive in certain aspects of her argument. She had toned them down for the actual appeal. In addition, McGuire changed her introductory remarks to focus on police tactics rather than the facts of the police investigation of the sexual assault itself. "It forced me off my script and really challenged my knowledge of the case," says Hayes-Richards. "It was incredibly valuable to get a feel for the types of ques- tions I might be asked. It allowed me to prepare answers to specific questions in advance of the hearing, with specific case and paragraph references. You should never pass up an opportunity for positive feedback from your peers. It's a real oppor- tunity to find strengths and weaknesses in your argument and presentation." O n Dec. 8, 2015, Rees and Webber found their assigned seats in Rideau Hall and wait- ed for the ultimate recogni- tion of the idea that had germinated a decade earlier. When their turn came, Governor General David Johnston pre- sented them each with a Meritorious Service Medal for advancing the cause of justice. "I don't mean this to sound too gran- diose, but this is really about access to justice," Webber reflected after the cer- emony. "The institute is about helping every client to be able to put their best foot forward." A WORLD LEADER IN LAW SCHOOL LIFELONG LEARNING OsgoodePD has been approved as an Accredited Provider of Professionalism Content by the LSUC. 13th National Symposium on Class Actions April 21 - 22, 2016 (In Person) Learn more at osgoodepd.ca/SCA16 Examinations for Discovery: Advanced Skills Workshop May 13, 2016 (In Person or Webcast) Learn more at osgoodepd.ca/EDW16 The Litigator's Guide to Tribunal Advocacy June 14, 2016 (In Person or Webcast) Learn more at osgoodepd.ca/LGTA16 UPCOMING PROGRAMS FOR LITIGATION PROFESSIONALS Get the latest, in-depth information from Canada's leading legal minds. OSGOODE PROFESSIONAL DEVELOPMENT CONTINUING LEGAL EDUCATION Untitled-3 1 2016-03-15 8:05 AM

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