Mack's Criminal Law
On April 29th, 2015 Mr Rob Thomson made his MCM debut ably assisted by MCM co-founder Matthew Geigen-Miller. Rob and MGM delivered an engaging presentation with great info on the nuances of B&E with intent versus B&E and commit.
Offence Tune-up: B&E attendance sheet
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
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.
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
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 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.
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 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 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 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.
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 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.
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.
Video: Accidental Discharge
Video: Gun with Drum Mag
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.
This session focused on effective storytelling techniques in court including the use of photoboards and powerpoint presentations. One aspect of this type of tool is preparation in putting the materials together.
This session was held on December 21, 2011 and was lead by James Cavanagh.
