Kevin Westell

Vancouver Criminal Lawyer

Kevin B. Westell is a partner at Pender Litigation. He earned his law degree at the Robson Hall School of Law at the University of Manitoba in 2008. He completed his articles under Glen Orris, Q.C. in 2009 and continued to practice with him before joining Sutherland Jetté as a partner in 2013. Mr. Westell has developed an extensive and varied criminal law practice. He has defended accused persons at all levels of court in British Columbia and before the Mental Health Review Board. He works regularly as an ‘ad hoc’ prosecutor across the lower mainland and also consults police agencies from time to time regarding sensitive witness issues on large cases.

Mr. Westell has written papers for the CBA National Criminal Justice Conference and The Verdict, the quarterly publication of the Trial Lawyers Association of British Columbia. He has been a guest presenter for PLTC, The bar admission course for the Law Society of British Columbia, the Advocate’s Club, the Surrey Bar Association Criminal Group, the Fraser Valley Criminal Lawyers Association and the Simon Fraser University Department of Psychology. In addition, he has provided expert legal commentary for CBC Television, Global News, News AM 1130 Radio, Roundhouse Radio (98.3 FM), the Globe & Mail Newspaper, and the Gerogia Strait Newspaper.

Mr. Westell has served as Chair of the CBA Vancouver Criminal Justice Subsection. He currently serves as a member of the Executive Committee of the CBA National Criminal Justice Section, the CBA National Committee on Ethics and Professional Responsibility, and the TLABC Criminal Defence Committee.

Education
  • University of Manitoba, Bachelor of Arts, 2004
  • Robson Hall at the University of Manitoba, Bachelor of Laws, 2008
  • Admitted to the British Columbia Bar, 2009
Law Practice
  • Pender Litigation, Partner, July 2017 – Present
  • Sutherland Jetté Barristers, Partner, June 2013 – July 2017
  • Glen Orris, Q.C., Student and Associate Counsel, May 2008 – May 2013
Selection of Reported Cases
Professional Training Programs
  • 11th Annual CLEBC Winning Advocacy Skills Workshop, Vancouver, 2011
  • National Institute for Trial Advocacy Teacher Training Course, San Francisco, 2016
Selection of Articles, Publications & Speaking Engagements
  • Author, “Preliminary Hearings: The Discovery Function”, a paper prepared for the CBA National Criminal Conference, Vancouver, April 2013
  • Author, “Hearsay Since Khelawon: A Survey of the SCC’s Hearsay Decisions after the Hearsay Revolution”, a paper prepared for the CBA National Criminal Conference, Vancouver, April 2014
  • Guest, “Our City” Radio Program hosted by Kirk LaPointe on Roundhouse Radio 98.3 FM Vancouver, speaking about the Amanda Todd Cyberbullying Case, September 29, 2015
  • Author, “Regina v. St.-Cloud: A ‘Monumental Change’ to the Law of Bail”, a paper published in The Verdict, Issue 146, Fall 2015, p. 20, presented to the Advocates Club, September 21, 2015 and presented to the Surrey Bar Association on January 6, 2015
  • Co-presenter with Mark Gervin, “The UBC Innocence Project” (March 18, 2016), a presentation to the Simon Fraser University Psychology Graduate Students
  • Co-author with Trevor B. Martin, “Challenges in the Jury Selection Process”, a paper prepared for the 2016 CBA National Criminal Justice Section, April 9, 2016
  • Co-presenter and Skills Instructor with Mr. Justice Paul Walker & Susan Van der Flier, “Bench and Bar Series: Challenging Credibility” (April 14, 2016), a workshop presented by the Advocate’s Society, Vancouver, BC
  • Co-presenter with Mr. Justice Lance Bernard & Sandy Cunningham, Q.C., “Direct Examination” (May 4, 2015), a presentation at the annual Provincial Crown Counsel Conference, Whistler, BC
  • Guest, “The Janice & Cory” Radio Program hosted by Janice Ungaro & Cory Ashworth on Roundhouse Radio 98.3 FM Vancouver, speaking about stalking and criminal harassment, June 13, 2016
  • Author, “A Return to Sentencing Sanity”, a paper published in The Verdict, Issue 149, Summer 2016, p. 42
  • Co-Presenter with Mark Gervin, “The Criminal Defence Advocacy Society (C-DAS)”, a presentation to the Fraser Valley Criminal Lawyers Association (FVCLA), May 25, 2016
  • Co-Presenter with Mark Gervin, “Criminal Practice at 222 Main Street”, a presentation to High School Students touring the 222 Main St. Courthouse in Vancouver for the Justice Education Society of British Columbia, May 31, 2016
  • Co-Chair with Michelle Wray, “Criminal Law Perspectives 2016” (June 11, 2016), a conference presented by the Continuing Legal Education Society of BC, Vancouver, BC
  • Master of Ceremonies & Retiring Chair, Vancouver CBA Criminal Justice Subsection Annual Dinner, Law Courts Inn, June 15, 2016
  • Guest, “Our City” Radio Program hosted by Kirk LaPointe on Roundhouse Radio 98.3 FM Vancouver, speaking about the Amanda Todd Cyberbullying Case, June 29, 2016
  • Delegate, 2016 Uniform Law Conference of Canada representing the CBA as a member of the Federal Delegation, Fredericton, New Brunswick, August 7 – 11, 2016
  • Guest, “The Janice & Cory” Radio Program hosted by Janice Ungaro & Cory Ashworth on Roundhouse Radio 98.3 FM Vancouver, speaking about peace bonds for terrorism suspects, August 12, 2016
  • Guest, “The Janice & Cory” Radio Program hosted by Janice Ungaro & Cory Ashworth on Roundhouse Radio 98.3 FM Vancouver, speaking about the National Sex Offender Registry, September 2, 2016
  • Presenter, “Cross-Examination” (September 12, 2016), a presentation to the UBC Indigenous Community Legal Clinic
  • Presenter, “Negotiations with Crown Counsel” (September 14, 2016), a presentation to the UBC Indigenous Community Legal Clinic
  • Guest, “The Janice & Cory” Radio Program hosted by Janice Ungaro & Cory Ashworth on Roundhouse Radio 98.3 FM Vancouver, speaking about the Natsumi Kogawa case, September 30, 2016
  • Guest Judge, Professional Legal Training Course (BC’s Bar Admission Course): Criminal Trial Exercise, October 5, 2016
  • Guest, “Daytime News” hosted by Sonia Sunger on Global BC1 Television, speaking about the legal limitations on the ‘Creep Catchers’ Organization, October 25, 2016
  • Guest, “Daytime News” hosted by Samantha Falk on Global BC1 Television, speaking about the legal limitations on the ‘Creep Catchers’ Organization, October 31, 2016
  • Co-Presenter with Samiran Laskshman, “Bring Your Grade 9 to Work Day”, a presentation to High School Students touring the Vancouver Law Court in Vancouver for the Justice Education Society of British Columbia, November 2, 2016
Professional Memberships and Positions
  • Law Society of British Columbia (LSBC)Member, 2008 – Present
  • Canadian Bar Association (CBA)Member, 2005 – Present

    Member of the Executive Committee for the Vancouver Criminal Justice Subsection, 2012 – 2016

    Chair for the Vancouver Criminal Justice Subsection, 2015 – 2016

    Executive Member for the National Criminal Justice Section, 2015 – Present

    Member, National Committee on Ethics and Professional Responsibility, 2016 – Present

    Member, CBABC Government Relations Committee, 2016 – Present

  • The Advocates’ Society (TAS)Member, 2008 – Present

    Executive Team Member of the Criminal Law Practice Group, 2016 – Present

    BC Regional Advisory Committee, 2016 – Present

  • Trial Lawyers Association of British Columbia (TLABC)Member, 2008 – Present

    Member of the Criminal Defence Committee, 2015 – Present

  • The Vancouver ClubMember, 2016 – Present
  • The Law Courts InnDirector, 2016 – Present
  • Canadian Association of Legal Ethics (CALE)Member, 2016 – Present
  • The Advocate’s ClubMember, 2013 – Present
  • Criminal Defence Advocacy Society (C-DAS)Regional Representative for Vancouver, November 2015 – Present
  • Innocence Canada (formerly AIDWYC)Case Review Lawyer, 2014 – Present
  • Criminal Lawyers Association (CLA)Member, 2008 – Present
  • Vancouver Bar Association (VBA)Member, 2008 – Present
  • International Society for the Reform of Criminal Law (ISRCL)Member, 2008 – Present
  • Westminster Criminal Law Association (WestClass)Member, 2015 – Present
  • Fraser Valley Criminal Law Association (FVCLA)Member, 2015 – Present
  • UBC Innocence ProjectSupervising Lawyer, 2011 – Present

Kevin Westell

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