Session 43: The Role of the Crown part 3: Relationship with Defence

On November 26, 2013 Deputy Crown Attorney Brian Holowka and Assistant Crown Attorney Matthew Humphreys spoke candidly about the role of the crown with defence counsel. Each shared personal stories and linked those back to both crown policy, the rules of professional conduct and shared their personal views on their own evolving practices. 

This session rounded out MCM's 3 part series on the role of the crown. The session was facilited by Matthew Geigen-Miller and Louise Tansey. 

Role of the Crown Part 3: Relationship with Defence powerpoint

Session 42: The Role of the Crown part 2- Relationship with Police

On October 16, 2013 Assistant Crown Attorney Jason Neubauer and Deputy Crown Mark Moors discussed the role of the crown when dealing with police. 

topics covered included: 

  1. Giving legal advice to police: What are common topics about which police seek pre-charge legal advice from the Crown? What do you require from the police before giving a legal opinion? What is the best way to communicate a legal opinion? How to lawyer-client confidentiality and solicitor-client privilege apply to pre-charge legal advice given to police?
  2. The police officer as witness: How should police witnesses be interviewed? What disclosure obligations may arise from interviewing a police witness? What rules apply when a police officer is in the middle of giving evidence?
  3. Working with the investigating officer: How should you deal with the investigating officer regarding difficult or unmet disclosure requests? What is the role of the investigating officer during resolution discussions, witness preparation, and trial? What can you do if you encounter difficulties with the investigating officer?
  4. Working with police officers when there are allegations of Charter breaches or misconduct: How much or little should you tell police witnesses about Charter applications or other allegations of police misconduct? What are your responsibilities if you discover possible police misconduct during a trial?

This session was organized and facilitated by Matthew Geigen-Miller and accredited by the Law Society for CPD

Session 8: Resolution Discussions

This session focusses on the role of the Crown in resolution discussions. Resolution discussions can range from a formal meeting between Crown and defence in a counsel pre-trial to an informal chat on the elevator. Knowing and understanding the limits and scope of what taking a particular position can mean. Is the Crown bound by a position taken in a pre-trial? Can the trial crown take a different position? What is the process for changing a position? What are the implications?

This session was held on February 8, 2012 and was lead by Matthew Geigen-Miller with Tim Wightman supervising.

Resolution Discussions- presentation

Session 2: The Guilty Plea Court

This session is intended to address the various issues that arise in guilty plea court. From dealing with the various expectations of the judiciary to deciphering the criptic notes in files the issues that arise in the guilty plea court are varied and the pace intense.

The materials distributed at this session included a statement of the law on Crown re-elections and were drafted in response to a real case from guilty plea court.

This session was held on September 12, 2011 and was lead by Louise Tansey and supervised by Dallas Mack.

Crown Elections and Re-Elections Or What I Meant to Say was the Opposite

Session 1: Admissions at Trial

This is the inaugural session of MCM-Group. After laying out the ground rules for MCM-Group (see About MCM-Group for more info) the first session was called to order. The purpose of this session is to discuss the role of admissions at trial; the advantages and pitfalls of admissions over viva voca evidence and the importance of carefully drafting an admission.

This session was held on August 24, 2011 and lead by Matthew Geigen-Miller and supervised by James Cavanagh.

Admissions at Trial- presentation