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