Session 30: Photo Line-Ups & the OPS Robbery Unit

This special session was held on March 20, 2013. Staff Sgt. Mike Haarbosch and Det. Rob Mills of the Ottawa Police Service Robbery Unit, answered ACA- Rupert's call to come and deliver their excellent presentation on what goes in to the police prep of a photo line-up. Both officers candidly shared their experiences with good and bad photo line-ups, they also welcomed feedback from crowns on the robbery files.

Staff Sgt. Haarbosh kindly provided the powerpoint presented at the session.

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 25: Xmas Xtravaganza

On December 19, 2012 MCM-Group gathered to solemnly celebrate x-mas, Quanza and Hanukkah as only MCM-group knows how, by sitting around eating cupcakes and talking about the law, lamenting our inglorious mistakes and revelling in our minor successes. 

Assistant Crown Attorney Matthew Humphreys graciously attended and discussed the use of powerpoint in sentencing submissions. 

As promised xtravaganza worthy snacks and refreshments were provided. 

 

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 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. 

Session 19: The Rule in Browne v Dunn

This session focussed on the rule in Browne v Dunn and how it impacts on the Crown's case and the role of the Crown. 

This session included the following topics: 

1. the scope of the rule

2. effecto of the rule

3. remedies for breaching the rule

4. obligations of the Crown

 

This session was held on August 29th, 2012 and presented by Julian Daller with Mike Boyce supervising. 

The Rule in Browne v Dunn- presentation

The Rule in Browne v Dunn- cheat sheet

Session 17 & 18: Crossing at Bail (it's wrong to let him out; it's right to keep him in)

This session was an introduction to cross-examination. Bail courts provide crowns with a terrific opportunity to try out various cross-examination techniques. 

This two-part session was practical and case based. MCM-Group members were assigned various roles and provided with materials including excerpts from a transcript of an actual bail hearing conducted by an MCM-Group member. The tasks were as follows:

1. cross-examining the accused on his criminal record

2. cross-examining the accused on his history of treatment

3. cross-examining the accused on his employment

4. cross-examining the surety on her knowledge of the accused's history

5. cross-examining the surety on the release plan

The actual transcript of each cross was provided as a learning guide following the exercise. 

The second of this two-part session addressed the following: 

1. from theme to questions: how to build a line of cross

2. panning for gold: how to execute a probing search for a breakaway while working the edges

A simulated cross by a senior crown was presented as part of the session. 

 

Session 17 was held on August 8th, 2012 and Session 18 was held on August 15th, 2012. Both these sessions were presented by Matthew Geigen-Miller and Louise Tansey with James Cavanagh supervising. 

Materials cannot be posted as some are subject to a publication ban. 

 

 

Session 16: Re-Examination

This session focusses on the art, strategy and law of re-examination. 

This session was motivated by my personal fury at being (improperly) objected to by defence and shut down by judges for what I believed to be fair and proper re-ex. Now instead of sulking and stomping your foot (about re-ex at least) following this session it is hoped that you will be able to articulate and defend your re-ex. 

Topics will include: the rule, the judicial misstatement of the rule, overview of the jurisprudence and discussion on personal experiences and strategy (just because you can ask it, doesn't mean that you should)

This session was held on Wednesday July 25th, 2012 and presented by Louise Tansey with James Cavanagh supervising. 

Statement of the Law on Re-Examination

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