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62358.01A strong foundation in expert evidence is critical to being an effective criminal lawyer. This paper examines strategies that can assist criminal lawyers when navigating this element essential to many complex criminal trials. Topics include advice for selecting and qualifying your own expert witness, and advice on cross-examining an expert witness. This paper was presented at LESA’s Practice Foundations: Expert Evidence in Criminal Law webinar on November 17, 2023.
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62352.02As courts across Canada continue to struggle with reasonable expectations of privacy in the digital age, cell phones (and the information that can be gleaned from them) have become the cutting edge of this analysis. This paper explores the basic search and seizure concepts as they apply to cell phones, including the nature of the privacy interest and the relevant search and seizure jurisprudence. This paper is part of a collection presented at LESA’s Search & Seizure and Digital Spaces program in Edmonton on September 22, 2023.
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62352.01Reviewing and challenging search and seizure orders is a time consuming and multi-step process. Due to the evolving nature of privacy jurisprudence, even some of the simplest cases can raise extraordinarily complex legal issues. This paper discusses the processes for reviewing orders, identifying legal issues, and crafting viable Section 8 challenges. It explores practical aspects of evaluating search cases and identifying the questions relevant to the issues that matter. This paper is part of a collection presented at LESA’s Search & Seizure and Digital Spaces program in Edmonton on September 22, 2023.
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62287.07This paper guides readers through the criminal sentencing process, from start to finish. Topics discussed include proportionality, parity, and individualization; aggravating factors, mitigating factors, and collateral consequences; denunciation, deterrence, and separation; rehabilitation, restorative justice, and restraint; totality; and the sentencing hearing itself. This paper is part of a collection presented at LESA’s Practice Foundations: Criminal Law program in Edmonton on October 28, 2022.
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62287.06This paper provides practical tips for drafting closing arguments and includes a sample closing argument outline. This paper is part of a collection presented at LESA’s Practice Foundations: Criminal Law program in Edmonton on October 28, 2022.
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62287.02This paper provides an overview of the legal principles surrounding the accused’s right to disclosure, and to highlight some practical considerations for counsel when requesting and reviewing disclosure materials. This paper is part of a collection presented at LESA’s Practice Foundations: Criminal Law program in Edmonton on October 28, 2022.
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62287.01This paper considers various factors, steps, and processes that defence counsel should keep in mind when it comes to seeking (and obtaining) bail. Topics include initial client meetings, release plans and next steps, negotiating a release, bail hearings, rules of evidence, mental health concerns, and bail reviews. This paper is part of a collection presented at LESA’s Practice Foundations: Criminal Law program in Edmonton on October 28, 2022.
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62224.07This paper explores three hot topics in criminal law: (1) the impact of R v Zora and section 523.1 hearings, (2) remote hearings, and (3) sentencing in the time of COVID. This paper was presented at LESA’s Criminal Law Webinar Series on June 18, 2021.
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62224.05These materials outline some of the preliminary considerations that must be given to Charter issues in every criminal file, and considerations for advancing the issues procedurally, strategically, and ethically. They also provide references to leading caselaw on some of the Charter principles which are most often raised in criminal proceedings This paper was presented at LESA’s Criminal Law Webinar Series on June 11, 2021.
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62224.03This paper serves as a practitioner’s guide on how to approach the defence of a prosecution involving evidence obtained pursuant to a search warrant or other judicial pre-authorization. It examines five phases: seeking disclosure, reviewing the search warrant, reviewing the Information to Obtain (ITO), providing Charter notice, and making a Garafoli application. This paper was presented at LESA’s Criminal Law Webinar Series on April 16, 2021.
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62224.02This paper provides key considerations relating to how to commence s. 487 applications, so called “telewarrants”, and search warrants under the Provincial Offences Procedure Act. It also provides information about what can be authorized by a s. 487 search warrant, reasonable grounds, the importance of sources of information, hearsay evidence, inferences, confidential informants, and computer searches. This paper was presented at LESA’s Criminal Law Webinar Series on April 16, 2021.
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62224.01Written in the format of quick question, brief answer, and list of authorities, these materials explore common issues such as the Crown’s obligation relating to disclosure, the meaning of relevance in the context of disclosure, obtaining records in the hands of other Crown agencies, how to bring an O’Connor/third party record application, and what to do when the Crown and Defence disagree on the status of records. This paper was presented at LESA’s Criminal Law Webinar Series on April 9, 2021.
