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 49: MCM Does Drugs

On Wednesday April 30, 2014 MCM did drugs with Matt Humphreys, Andrea Levans and federal prosecutor James Meloche at the helm. 

This session was Ms Levans MCM debut presentation and all are looking forward to more. Repeat presenter Matt Humphreys made his third appearance at MCM and Mr Meloche helped his provincial counterparts get high... on information. 

Materials to be posted soon

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 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 32: The Honourable Justice Pelletier

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. 

 

https://portal.lsuc.on.ca/wps/portal/custom_login_en

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