Session 38: My First Preliminary Hearing

On Wednesday August 7, 2013 Sarah Fountain with the able guidance of Assistant Crown Attorney Robert Wadden presented on the conduct of a preliminary hearing. 

This session addressed all kinds of issues related to the pre-lim process including witness prep, the calling of evidence, the test for committal, adding of counts, certiorari, and the early stages of the SCJ process. 

Sarah and Rob prepared an excellent powerpoint presentation: Sarah's First Prelim (will be posted shortly)

When in doubt, remember Waddy's sage advice: 



Your First Pre-liminary hearing-powerpoint

Session 36: Pre-Trial and Mid-Trial Disclosure- Professional Responsibilities of the Prosecutor Part 2

On Wednesday June 26, 2013 Matthew Geigen-Miller and Louise Tansey rallied Assistant Crown Attorneys Dallas Mack and James Cavanagh for Part 2 of the very popular Pre-Trial and Mid-Trial Disclosure session. Part two covered discussion scenarios 8-10 which were not reached in Part 1. Part 2 also re-vistied scenario 5. The same materials were used in Part 1 and 2. 

An additional document was distributed which addresses the 'moral' of each of the scenarios. 

Aesop's Dislosure Fables

Crown Policy: Disclosure of Expert Reports PM [2006] No 7

Session 35: Pre-Trial & Mid-Trial Disclosure- Professional Responsibilities of the Prosecutor

On Wednesday June 12, 2013 Matthew Geigen-Miller convened a seasoned and expert panel composed of Deputy Crown Attorney Mark Moors and Assistant Crown Attorney James Cavanagh. The panel offered their insight, expertise and experiences in discussing the disclosure scenarios which were distributed in advance of the session. 

This session has been accredited by the LSUC for 1.0 professionalism hours. Please login to your portal on the LSUC website and log your CPD hours if you were in attendance. 

Pre-Trial and Mid-Trial Discussion Scenarios

Comments on Crown Policy & the Law

Practice Memorandum PM [2006] No 5 Conduct of Witness Interviews

Practice Memorandum PM [2009] No 1 Disclosure

Case Law- Pre & Mid Trial Disclosure


Session 27: Monster Mash-Up

This session was held on January 30, 2013. Given the influx of new members this session was intended to cover a variety topics already presented at earlier MCM-sessions. 

Assistant Crown Attorney and original MCM-Group member Fara Rupert presented an excellent demonstration of a witness prep (ideal and less so). Fara was ably aided (and abeted) by Deputy Crown Attorney Mark Moors. The demonstration spurred some excellent debate, one which has been and continues to be of interest at MCM group about what a Crown can, should and should not do in a prep meeting. 

Assistatn Crown Attorney Matthew Geigen-Miller then presented on the use of magic words in impaired and over 80 cases. Matthew's presentation involved real life examples from actual cases and most helpfully what the Crown can do to try to save the day. 

Sh*t Cops Say- No Magic Words Required

Session 24: The Law is for Chumps- you need better evidence- Improving Charter Responses with Evidence

On December 5, 2012 MCM-Group co-founder and repeat presenter MGM delivered a seminal MCM session on How to Woodshed (in a good/permissible/legal way) a Charter Response. The session covered the importance of prepping your witnesses, especially police witnesses on the Charter issues. There was some fierce debate on where the line is and should be when it comes to prepping such witnesses. The session was supervised by ACA Cavanagh. 

 Of note this was the session with the longest title so far... 

Although a sample Charter responses were discussed no materials were distributed at this session. 

Session 22: Prepping Child Witnesses

On October 17, 2012 Assistant Crown Attorney Lia Bramwell spoke to MCM-Group about the unique challenges that child witnesses pose. The importance of trial preparation was discussed as well as how to go about prepping a child witness. Other resources such as victim witness support and the child friendly equipment were discussed. 

Lia provided a helpful index of cases on assessing the evidence of children which will be posted shortly. 

Session 15: Who Got Da 4-1-1?

This session focusses on the one thing almost everyone overlooks: the information. 

The trial offers many opportunities to f**k up, but few so shameful as a technicality arising from the information. Lurking within our trial lists is a veritable minefield of technical defects that give defence lawyers what they love the most – the chance to avoid a trial on the merits. There are, unfortunately, too many examples to fit into one hour, but this session will canvas some common hazards and issues encountered by the rookie crown, such as:

  • the information that was sworn out of time or never sworn
  • faulty crown election
  • common errors in charge wording
  • repairing the information: re-lay or amend?
  • mid-trial applications to amend
  • incorrect charges at the bail hearing

This session was held on July 11th, 2012 and presented by Matthew Geigen-Miller with Stephen Donoghue supervising.

Who Got Da 4-1-1? Presentation


Session 5: Witness Preparation

This session covers the basics of witness preparation including the leading practices in prepping both civilian and police witnesses. A distinction between prepping witnesses on assigned files versus prepping witnesses on the day of trial will be discussed. The importance of properly prepping police witnesses will also be covered.

Prepping witnesses is an important aspect of the proper presentation of a case and in the stress of hubub of running a trial list junior crowns often neglect to adequately prepare witnesses for trial. Officers and civilian witnesses benefit from proper preparation and the court benefits from a full and candid account.

This session was held on December 7, 2011 and was lead by Louise Tansey and supervised by James Cavanagh.

Civilian Witness Preparation Checklist