Session 56: Group Crime Part 1

On October 8, 2014 Louise Tansey and Fara Rupert presented the first session of a two-part series on group crimes. This first session covered topics such as:

  • intro to group crimes
  • group crimes @bail hearings, remand, pre-trials and plea court
  • the legal framework including party liability and responsibility for harm

The second session scheduled for November 19, 2014 will cover: 

  • trial tactics and strategies
  • cut throat defences
  • use of co-accused statements and testimony
  • joining and severing

Group Crimes Part 1 pwrpt

Attendance Sheet

Session 54 - MCM Pleads Guilty, Again

On Wednesday August 27, 2014 MCM hosted repeat presenter Carl Lem who lead the group on a second round of discussions on the guilty plea court. The first MCM session on this topic was held in 2011 with guest presenter Dallas Mack. The 2014 redux included discussion on 

  • putting on the breaks 
  • confidential police I/As
  • contested pre-sentence orders
  • life after Summers and 
  • the surcharge

MCM Pleads Guilty powerpoint 

Attendance sheet

Session 53- I.C.E., I.C.E. Baby (an internet child exploitation primer)

On Wednesday July 23rd, 2014 Kerry McVey delivered her second MCM-Group presentation. Assistant Crown Attorney McVey was ably supervised by Assistant Crown Attorney Mark Holmes. 

From bits to hash values, production orders and dynamic entries, lurers and makers, this session has it all- a must for anyone about to prosecute an ICE file. There was great discussion on how best to present CP images to the court, what is a representative sample and the impact of the SCC's decision in R v Spencer. 

ICE Primer powerpoint presentation 

ICE LSUC attendance sheet (to be posted shortly)

 

 

 

 

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 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