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

 

How To: Article on a Murder

Having had the gruelling privilege of articling on a few murder trials, I have compiled the folllowing list of hopefully helpful tips:

  1. Follow your Crowns around all day, especially on breaks and after court. Your Crowns will not tell you what they are thinking about the case and as soon as you get out of court (break or for the day) is when everyone re-hashes what they think happened in there. The most interesting part about this is that (for me anyway) what I thought happened was never really quite what anyone else thought.  Incidentally, no one’s version is ever the same. What arises out of these discussions is usually a plan of sorts, knowing the plan or at least what people think so far helps to better understand what is actually happening when you are in court watching (see #2) and anticipating issues (#3). Added bonus with following them around after work is there may be a glass of scotch in it for you. (Start drinking scotch.)
  2. Be in court all the time. Be seated somewhere where your crowns can see you so that if they need stuff they can pass you a note.
  3. Try to anticipate issues before they arise or as they are arising. Having a seminal case or two (with you in court) on an issue that you think is coming down the pipe really helps. If you have something good and relevant on you and you think it can help your Crowns in that moment, highlight the para in the case and hand it up there.
  4. Read all the witness statements, transcripts, intercepts, etc… before the individual testifies. This is hard, but that way when a witness says something that you know is not consistent with their statement you will be able to point it out to your Crowns. Have those prior statements with you when witness     testifying (don’t need to do this for expert witnesses) Most of the time your Crowns will have already found the inconsistency but it’s a really good way to be well versed with the case.
  5. Ask your Crowns to read their trial binders and if they have a moment to explain to you what     they’ve done and why (in the binder).
  6. Don’t wait until morning to do anything. If you have been asked to prepare something for the next     day, do it that night, something will come up in the morning that will prevent you from getting it done.
    Don’t take notes about the evidence in court (unless they ask you to) take notes about process,     procedure and strategy. Ask questions at the end of the day about this stuff (if you don’t write it down you will forget, too much happens and by now you have stopped sleeping, have developed a taste for scotch and can’t remember when you last ate…)
  7. Don’t talk to anyone (defence counsel, court security etc..) about any details of the case that you are privvy to, even things that seem kind of innocuous.
  8. Talk to your cops and offer to help them too. They know more about the case than anyone else and     especially for the I/O who will likely testify they are not only assisting in court but also preparing to testify. If you can sit in on Crown prep with the I/O, this is an unbelievably cool thing to watch and learn from. (note: the I/O will usually testify last) They are also the ones making sure witnesses are lined up for the next day and they always know what’s next.
  9. Ask lots of questions, as a Crown you will rarely have the chance to watch others in court and learn     from them, take advantage now.

Session 13: Calling the List

This session focusses on the factors prosecutors must consider when prioritizing their trial list. The objective of this meeting is to learn to think critically about what criteria should be taken in to consideration and how to balance the factors. Crowns will be asked apply the factors discussed to sample trial lists (these exercises and the corresponding worksheets can be accessed by clicking on the link below).

Trial preperation of files that are likely to be transferred out of your courtroom is a secondary focus of this session. Crowns will be encouraged to prepare a summary sheet so that the colleague recieving the file will have a concise overview of the case. Please click on the link below to access a sample trial summary sheet.

This session was held on May 29, 2012 and was presented by Matthew Geigen-Miller, Louise Tansey and supervised by James Cavanagh.

Calling the List Exercises & Worksheets

Sample Trial Summary Sheet

Trial Prep Template

Session 12: Gunz 'n' Gangz

The purpose of this session is to familiarize Crowns with the Guns and Gangs unit of the Ottawa Police Service. The session was lead by two senior officers in the unit. The presentation on gangs involves an overview of the definition of a gang and the make-up of Ottawa based gangs. Gang history, symbols and activities are also addressed.

The guns presentation focusses on criminal code definitions and their practical applications. A variety of firearms were on hand (disabled, safetied and unloaded!) so Crowns could touch and examine the weapons.

Guns and Gangs Presentation

Video: Accidental Discharge

Video: Gun with Drum Mag

 

Session 10: Your First Jury Trial

This special session of MCM-Group was presided over by The Honourable Justice Aitken of the Superior Court of Justice. The focus of this session is to develop best skills and practices when running your first jury trial. Justice Aitken shared her insights and offered constructive criticism about the conduct of junior counsel before the SCJ. Justice Aitken also fielded questions from the group.

This session was held on March 28, 2012 and was organized by Louise Tansey. It was presided over by Justice Aitken.

 

 

Session 9: Impaired/Over 80/ Refusals

This session will focus on the alcohol related driving offences. These types of trials are some of the most technical to prosecute. They are also the types of offences that junior crowns have the most opportunity to run trials on. More often than not when these types of offences go to trial there is a Charter motion, this carries some unique considerations for the trial crown.

This session was held on March 5, 2012 and lead by Sarah Fountain with Mark Moors supervising.

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 7: Appearing Before the OCJ

This was a special session of MCM-Group. The Honourable Justice Nadelle of the Ontario Court of Justice spoke to MCM-Group about his own personal likes and dislikes in trials and guilty plea court. Justice Nadelle offered insight, constructive criticism and fielded questions from the crowns.

This session was held on January 28, 2012 and was organized by Louise Tansey and James Cavanagh and presided over by Justice Nadelle.

OCJ Perspectives- suggested talking points

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

Session 4: The Youth Criminal Justice Act

This session focuses on the Youth Criminal Justice Act and some of the unique aspects of this legislation with a particular emphasis on sentencing and bail. Crowns will discuss what circumstances is a youth custody eligible and the requirement for a responsible person in a bail hearing.

This sesssion was held on November 21, 2011 and was presented by Fara Rupert and Matthew Geigen-Miller.

The Youth Criminal Justice Act

Session 3: Bail

This session focusses on issues in bail court. Most junior Crowns spend a significant amount of time in bail court and it is a forum which allows for the practice and development of lots of important skills including: conducting an examination in chief, cross-examining witnesses including the accused and making submissions. Bail court is also an area for which there is considerable crown policy which inform the types of decisions made about release and detention.

This session was held on September 28, 2011 and was lead by Julien Lalande and supervised by Julie Scott.

 

 

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