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 50: Mack's Top 10- practical tips for your OCJ trial

On Wednesday May 14th, 2014 Rgional Crown Counsel Dallas Mack helped MCM celebrate their 50th session with a thoughtful if not controversial top 10 list.


Direct quotes from the session's fearless leader Mr Mack included:

Promise. Never relent. Deliver. 

Never be afraid of the truth

Justice demands your best and fears no adversary; failure is not an option. 


and lastly everyone's favourite: 

Justice is a whore that won’t let herself be stiffed, and collects the wages of shame even from the poor. 

(you'll have to read the powerpoint to find out who that one is attributed to)


Mack's Top 10 presentation

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 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 33: There are 188 million 911 Calls/Year: This One is Evidence

On May 8, 2013 in her MCM debut Assistant Crown Attorney Kerry McVey presented on 911 calls as evidence. Kerry was supervised by ACA Carl Lem. The discussion focused on admissibilty, strategy and uses one can put such recordings to. 

An excellent powerpoint presentation with a complete overview of the applicable law is below


There are 188 million 911 Calls/Year: This One is Evidence the powerpoint 


Session 31: The Voluntariness Voir Dire

On April 17, 2013 Louise Tansey supervised by Deputy Crown Attorney Mark Moors presented on the voluntariness voir dire. The session covered the strategy and evidence required on such a voir dire, making use of varied sources of evidence such as cell block video and 911 calls. 

Impermissible trickery, threats he is prepared to carry out, promises and inducements he is never intending to fulfill all in the confines of an atmosphere of oppression beyond your worst nightmares; your minds will no longer be operating. Your will, will be overborne and you will confess (perhaps even falsely) your deepest more secret MCM worth f*ck-ups to Deputy Moors. 

Voluntariness Presentation

Voluntariness cheat sheet

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? 

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 26: Fingerprints and Experts

This session was held on January 16, 2013.

In this first session of 2013, Rob Wadden presented an informative session on fingerprint evidence. The purpose of this session was to explain the process of qualifying a fingerprint expert, understanding the scope and limits of fingerprint evidence and discussing the recent trends in the jurisprudence in this area of the law. 

Rob is a member of the Canadian Friction Ridge Working Group. 

Materials were distributed in this session and are available below: 

Fingerprint Powerpoint (to follow shortly)

Fingerprint Handout

Fingerprint Glossary

R v JJ, [2012] OJ No 1125

R v Lepage, [1995] 1 SCR 654

R v Mars, [2006] OJ No 472

R v Rajalinkham, [2005] OJ No 2240


Session 23: Joint Prosecutions- the Feds & You

On November 28, 2012 recovering Assistant Crwon Attorney tunred Federal Crown Prosecutor Brigid Luke co-chaired a panel discussion along with Assistant Crown Attorney Dallas Mack on the conduct of joint prosecutions. The sesison candidly covered the challenges and benefits of the joint prosecutions from bail to trial. 

Below is a list of topics covered by the enthusiastic panelist. 


Joint Prosecutions-discussion points

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.