Kevin Westell

Co-Managing Principal

Kevin Westell is a founding principal at Pender Litigation. In addition to his criminal and regulatory defence work, he is often retained to act as Crown Counsel, counsel for witnesses in criminal proceedings and as amicus curiae (counsel for the Court). He has represented clients and the Crown in jurisdictions across Canada on matters at of all levels of seriousness.

Mr. Westell was elected a Law Society of British Columbia (LSBC) Bencher for Vancouver County on November 16, 2020 and began his first term on January 29, 2021. He sits on the LSBC Discipline Committee and serves both as the Vice-Chair of the LSBC Lawyer Development Task Force and as the LSBC’s representative on the Canadian Bar Association, BC Branch (CBABC) Provincial Council.

He has represented professionals subject to proceedings before the BC Securities Commission and Office of the Police Complaints Commission, the LSBC, the College of Physical Therapists of British Columbia, and patients subject to proceedings before the British Columbia Review Board, and amateur athletes and athletic organizations subject to proceedings before the Sports Dispute Resolution Centre of Canada.

In the past he has represented lawyers subject to professional disciplinary proceedings and lawyer organizations(Criminal Defence Advocacy Society and Canadian Bar Association) before the Cullen Commission of Inquiry into Money Laundering in British Columbia (the “Cullen Commission”).

Mr. Westell teaches trial advocacy skills and ethics to law students and junior lawyers at programs that include the Allan McEachern Course in Trial Advocacy, the Vancouver Bar Association’s Inns of Court Program, the CLEBC Winning Advocacy Skills Workshop, and the Osgoode Hall Intensive Trial Advocacy Workshop. He has also chaired and presented at many continuing legal education conferences, including the Canadian Bar Association (CBA) National Criminal Law Conference and various programs put on by the LSBC, the Advocate’s Society, and the Continuing Legal Education Society of BC.

He is a former (and now “Honourary”) Chair of the Canadian Bar Association (CBA) National Criminal Justice Section. In the past, he has chaired the Criminal Law Section of the Uniform Law Conference of Canada (ULCC), the TLABC Criminal Law Committee, the Advocate’s Club, and the CBA’s Vancouver Criminal Justice Subsection.

Outside of law he has served on the board of directors for both the Strathcona Community Centre Association (as Secretary) and the Crisis Intervention and Suicide Prevention Centre of BC.

​​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

Positions

  • Pender Litigation, Partner, July 2017 – Present

  • Sutherland Jetté Barristers, Partner, June 2013 – July 2017

  • Student and Associate Counsel, Glen Orris, Q.C.: May 2008 – May 2013

  • Sessional Instructor, University of the Fraser Valley: Spring, 2018

Professional Training Programs Completed

  • Professional Legal Training Program (PLTC), Law Society of B.C., Vancouver, July 2009

  • 11th Annual CLEBC Winning Advocacy Skills Workshop, Vancouver, 2011

  • National Institute for Trial Advocacy Teacher Training Course, San Francisco, October 2016

  • Advocate’s Society 2017 Teacher Training Workshop, Toronto, September 2017

Selection of Reported and Notable Cases

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

  • 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-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

  • Author, “A Return to Sentencing Sanity”, a paper published in The Verdict, Issue 149, Summer 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

  • Delegate, 2016 Uniform Law Conference of Canada, representing the CBA as a member of the Federal Delegation, Fredericton, New Brunswick, August 7-11, 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

  • Panelist [with Doug King (Pivot Legal Society), Morgan Camley (Miller Thompson) & Mila Shah (Peck & Company), “UBC Criminal Law Club Career Panel”, a presentation to Students at UBC, March 15, 2017

  • Presenter and Skills Instructor, “A Civil Litigation Skills Certificate Program: Evidence for Litigators” (April 20, 2017), a workshop presented by the Advocate’s Society, Vancouver, BC

  • Co-Chair with Michelle Wray, “Criminal Law Perspectives 2017” (May 6, 2016), a conference presented by the Continuing Legal Education Society of BC, Vancouver, BC

  • Co-Presenter with Janet Winteringham, Q.C., “Not Criminally Responsible: A Primer” (May 30, 2017), a webinar presented by Courthouse Libraries BC and the Criminal Defence Advocacy Society, Vancouver, BC

  • Delegate, 2017 Uniform Law Conference of Canada, representing the CBA as a member of the Federal Delegation, Regina, Saskatchewan, August 13-17, 2017

  • Guest Instructor [with Andrew Nathanson], LAW 472.001 – The Allan McEachern Course in Trial Advocacy, Allard School of Law at UBC, October 19, 24, 2017

  • Member of Organizing Committee (with Chris Johnson, Q.C  & Wendy Stephen, Q.C.) and Skills Instructor, “Criminal Trial Advocacy” (December 7, 2017), a workshop presented by the Advocate’s Society, Vancouver, BC (First Advocates’ Society Criminal Program Ever in Vancouver)

  • Legal Reviewer, “A Guide to Aboriginal Harvesting Rights, 3rd Ed.”, Legal Services Society, December 2017

  • Guest Speaker with Sgt. Greg Yanicki & Crown Counsel Mike Fortino, RCMP “E Division” Interview Team – Ad Hoc Training Days, January 10-12, 2018 EHQ (Green Timbers, Surrey)

  • Panelist [with Derek LaCroix (LAP) & Laura Duke (Lawson Lundell)], “UBC Wellness Committee Panel – Sponsored by Pender Litigation”, a presentation to Students at UBC, January 25, 2018

  • Panelist [with Nicola Allen (Schuman Daltrop Basran & Robin), Howard Wong (Synergy Business Lawyers), and Elise Everest (Pushor Mitchell LLP)], “UBC Small Firm Panel”, a presentation put on by UBC Law Career Services at UBC, March 1, 2018

  • Guest Speaker with Crown Counsel Wendy Stephen, Q.C. & Teresa Iandiorio, RCMP Integrated Homicide Investigation Unit “IHIT”– Training Day, March 20, 2018 EHQ (Green Timbers, Surrey)

  • Member of the Organizing Committee (with Miranda Lam & Emily Kirkpatrick), Speaker, Skills Instructor, “From the Theory to the Courtroom: Opening and Closing Statements”, a workshop presented by the Advocate’s Society, Vancouver, BC (April 18, 2018, Vancouver)

  • Panelist [with Mr. Justice Mark Brundrett & Laura Visziyoli], CBA Criminal Justice Conference, an annual conference presented by the CBA National Criminal Law Section, Vancouver, April 21, 2018

  • Speaker [with Tony Paisana], “Bill C-75: The Good, the Bad and the Ugly”, CBABC Vancouver Criminal Justice Subsection Meeting, Vancouver, May 23, 2018

  • Presenter, “Regina v. Stanley & the Jury Selection Amendments in Bill C-75 ”, a presentation to  Advocates Club, May 28, 2018

  • Instructor, 19thAnnual Award Winning Advocacy Skills Workshop, an annual advocacy skills workshop presented by the Continuing Legal Education Society of British Columbia (CLEBC), Vancouver, July 4-6, 2018

  • Instructor, 39th Annual Intensive Trial Advocacy Workshop (ITAW), an annual advocacy skills workshop presented by Osgoode Hall Law School, Toronto, July 8-14, 2018

  • Delegate, 2018 Uniform Law Conference of Canada, representing the TLABC as a member of the BC Provincial Delegation, Quebec City, Quebec, August 12-16, 2018 [UPCOMING]

  • Member, Working Group on Witness Confrontation and Section 9 of the Canada Evidence Act(2018), Uniform Law Conference of Canada, Quebec City, August, 2018 [UPCOMING]

  • Guest Speaker, Stress-Free Litigation: A Myth? (October 16, 2018), a conference presented by the Advocates’ Society, Vancouver, BC

  • Guest Speaker, Cross-Examination (October 19, 2018), a conference presented by the Continuing Legal Education Society of BC, Vancouver, BC

  • Guest Instructor [with Lisa Ridgedale], LAW 472.001 – The Allan McEachern Course in Trial Advocacy, Allard School of Law at UBC, October 18, 23, 2018

  • Guest Speaker [with Dasein Nearing and Michaela Donnelly], Correctional Service of Canada Staff Testifying in Dangerous Offender Hearings, a workshop presented by Crown Counsel in Vancouver, November 1, 2018

  • Guest Speaker [with Michelle Wray], RCMP Crime Scene Management Workshop, RCMP Pacific Regional Training Center, Chilliwack, November 26, 2018 [UPCOMING]

  • Guest Speaker with Sgt. Greg Yanicki & Crown Counsel Mike Fortino, RCMP “E Division” Interview Team – Ad Hoc Training Days, EHQ (Green Timbers, Surrey), February 6 & 7, 2019 [UPCOMING]

  • Guest Speaker, Member of Organizing Committee (with Chris Johnson, Q.C.  & Rose Datillo and Skills Instructor, “Criminal Trial Advocacy”(2019), a workshop presented by the Advocate’s Society, Vancouver, BC [UPCOMING]

  • Guest Speaker, How To Be A Great Litigation Junior 2019, (May, 2019), a conference presented by the Continuing Legal Education Society of BC, Vancouver, BC [UPCOMING]

Professional Memberships and Positions

  • Law Society of British Columbia (LSBC) 

    • Articled Student, 2008-2009

    • Member of the Bar, 2009 – Present

  • Canadian Bar Association (CBA)

    • Member, 2005 – PresentMember, 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

  • The Advocates’ Society (TAS)

    • Member, 2008 – PresentExecutive Team Member of the Criminal Law Practice Group, 2016 – 2018

    • BC Regional Advisory Committee, 2016 – Present

  • Trial Lawyers Association of British Columbia (TLABC)

    • Member, 2008 – PresentMember of the Criminal Defence Committee, 2015 – Present

    • Chair of the Criminal Defence Committee, 2018-present

  • The Law Courts Inn

    • Director, 2016 – Present

  • Canadian Association of Legal Ethics (CALE)

    • Member, 2016 – Present

  • The Advocate’s Club

    • Member, 2013 – Present

    • President, 2016-present

  • Criminal Defence Advocacy Society (C-DAS)

    • Regional Representative for Vancouver, November 2015 – Present

  • Canadian Association of Legal Ethics

    • Member, 2008 – Present

  • Criminal Lawyers Association (CLA)

    • Member, 2008 – Present

  • Vancouver Bar Association (VBA)

    • Member, 2008 – Present

 
Kevin Westell