Session 52: Medical Records Ninja

On Wednesday July 2nd, 2014 Ninja Geigen-Miller presented MCM Session #52: Medical Records Ninja. This session was supervised by James Cavanagh. 

It is written in the Shoninki that the ninja was trained to build his own weapons, including poison darts, smoke bombs, and explosives.

 As a matter of necessity, the ninja was a master of improvisation. He often worked alone and far from his home base. At times the success of his mission depended on his ability to create deadly and efficient weapons using available materials.

 So too must the prosecutor become a master of improvisation and learn to construct her or his own weapons.


Medical Records Ninja PowerPoint Presentation

Expert Notice Materials

LSUC attendance sheet


Session 47: Objections

On March 26th, 2014 MCM-group convened to have a full and frank discussion about objections. Repeat presenter Rob Wadden moderated a conversation about the mechanics and tactics of objectioning and getting objected to. Against the backdrop of a powerpoint prepared by Louise Tansey, outlining some of the reported jurisprudence on objections to manner of questioning, MCM'ers shared their troubles with objecting and objections, as Waddy reassured and guided. 

Lesson #1: do the right thing- always raise the objection when it comes to the admissibility of evidence. 

Objections Powerpoint



Session 45: Charter Response

On January 15, 2014 Assistant Crown Attorney Matthew Geigen-Miller, supervised by Assistant Crown Attorney James Cavangh, presented MCM's 1st session of 2014. The Charter response session included the following components:

1.What is a Charter response?

2.The “quick Charter response”

3.Preparing the Charter response in six steps

a.Identify the Charter claim(s) 

b.Read the whole file 

c.Assess the evidence 

d.Draft the detailed statement of facts 

e.Draft the argument on the alleged breaches 

f.Draft the argument on 24(2)

4.Good form

5.Good substance

6.Acting as the reviewing Crown where the Charter response has been delegated to a student


The Charter Response- Powerpoint presentation

Session 44: Xmas Xtravaganza

On December 18, 2013 MCM group once again celebrated the holidays in style with baked goodies and a presentation on everyone's favourite holiday topic: Human Trafficking!

Assistant Crown Attorneys Fara Rupert and Julien Lalande shared with us their unique experiences on a lengthy trafficking prosecution that involved the use of social media at both the investigative stage and the ultimate presentation of the evidence. They shared with MCM leading practices on trial organization, chart making and the use of powerpoint at various stages of the process. 


Merry Holidays

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 41: Appellate Update

On October 2nd, 2013 Dallas Mack and Louise Tansey presented on several appellate cases which have a direct impact on the day to day practice of the Crown. 

Cases covered:

Summers, 2013 CarswellOnt 2626 (CA) leave to appeal granted [2013] SCCA No 191 h

Quesnelle, 2013 CarswellOnt 3337 (CA) leave to appeal granted 2013 CarswellOnt 11687

Youvarajah, 2013 CarswellOnt 10121

This session was accredited by the Law Society for CPD

Memorandum of Law on Summers, Quesnelle and Youvarajah

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 28: Section 9(2)- What's Your Point?

On February 13, 2013 Matthew Geigen-Miller and Louise Tansey ably supervised by Assistant Crown Attorney Jason Neubauer.

We all know or can at least read the Milgaard steps and check-lists for recanting witness but this session looks beyond the checklists to the trial strategy of your 9(2).  We ask hard questions about what is the objective of the 9(2) application in your case? What methods will help you to achievd that objective? 

The session was based on a short fact pattern to provide some context to the discussion. A power point presentation was also handed out. 

Fact Pattern

9(2)- What's Your Point?