You're a newly called lawyer and get a call from your first potential client who is in custody awaiting bail. This session offers practical steps and strategic insights from a Judge, Justice of the Peace, Crown Attorney, and Defence Lawyer to help you succeed in your early years of criminal law practice.

Bail Hearings

Preparing Sureties:

Interviewing
Explaining duties
Working together to create a release plan

Marginalized Groups:

Indigenous accused
Accused with mental health and addiction challenges
Economically disadvantaged individuals
Dealing with the absence of sureties or those with limited means
Strategies to address related challenges

Disclosure and Pre-Trials

Once your client is released and you’ve obtained disclosure, it’s time to conduct a Crown Pre-Trial (CPT) and a Judicial Pre-Trial (JPT).

Preparation and Strategy:

Best use of a judicial pre-trial
What can counsel hope to achieve for both Defence and Crown?
What does a judge expect in terms of preparation?
Differences in preparing for a CPT vs. JPT
Professionalism & Civility: The relationship between Crown and Defence; Civil engagement during negotiations.

Tips for Resolution Discussions:

Do your up-front work before the CPT
If proposing a position outside of the range, or a plea to a lesser offence - Avoid discussion by ambush.
Provide the Crown with supporting materials, including: Client’s rehabilitation prospects, Case law for sentencing.
Don’t be afraid to go in open—Crown policies may prevent agreement, but transparency is valued.

Charter Applications

When it’s time for trial and you have pre-trial Charter applications, consider the following:

What Judges Look For;
What makes a Charter application: Good; Mediocre; Bad.
Do’s and Don’ts: Tips from both Defence and Crown perspectives; Should you argue only strong motions, or file any motion regardless of success?

Drafting and Arguing Tips for New Lawyers:

Ensure clarity and focus
Maintain civility with opposing counsel and the bench
Follow expectations and best practices in your courtroom demeanor

EDI and Professionalism Content

This program includes 7 minutes of Professionalism Content, including:

Civility among lawyers
Understanding power and privilege
Unconscious bias
Cultural homophily

Sentencing Hearings

A great entry point for litigation
Opportunity to develop advocacy skills
Be prepared to present mitigation, including: Rehabilitation evidence; Sentencing case law.

Presenters:

Mangesh S. Duggal
Jacqueline Freeman
Sayeh Hassan
David Holmes
Yeshe Laine
Iryna Revutsky