Mack's Criminal Law
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.
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
On May 29th, 2013 Matthew Geigen-Miller supervised by Jason Neubauer ably presented a session on video and photo evidence.
The session covered the basics of Nikolovski and Behre and the strategic decisions Crowns can make on how to best present that 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
On April 23, 2013 the Honourable Justice Pelletier, former crown turned Superior Court Judge presided over a joint federal and provincial MCM-Group meeeting. Justice Pelletier spoke candidly about the conduct of a good examination in chief and effective submissions on short non-trial proceedings. Justice Pelletier kindly welcomed questions and ideas from the largest audience at an MCM-session to date.
Although no materials were distributed the session was accredited by the LSUC for 1.0 professionalism hours. Please do login to your LSUC profile and update your CPD accordingly if you were in attendance.
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.
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.
On February 28, 2013 in a rare Thursday session MCM-Group member Julian Daller ably supervised by ACA Vivian-Lee Stewart presented Collapsing with Grace: 810s, stays & calling no evidence.
A powerpoint presentation was distributed and will be link to the website shortly.
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.
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.
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)
R v Rajalinkham, [2005] OJ No 2240
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.
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.
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.
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.
On September 26, 2012 Justice Ratushny of the Ontario Superior Court of Justice spoke to MCM-Group about the SCJ pre-trial process and the pre-trial conference report.
This session was accredited by the Law Society of Upper Canada for continuing professional developement (CPD) hours.
This session focusses on Crown adjournment applications.
Topics include:
1. the jurisprudence (R v Darville)
2. the new OCJ rules
3. practical scenarios for discussion
This session was held on Wednesday September 19, 2012 and presented by Matthew Geigen-Miller with Tim Wightman supervising.
Adjournment Applications- presentation
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.
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.
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.