Criminal Advocacy – Trial Strategy

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Authors: Karen Hewitt, The Honourable Associate Chief Justice John D. Rooke, Court of Queen's Bench of Alberta, Jane Fagnan

These materials provide valuable, detailed pointers for the criminal defence lawyer on getting to trial, including strategies for using a systematic focus to improve case analysis, issue identification, and responding to the issues. Ms. Hewitt provides detailed, practical suggestions on many aspects of a criminal defence file including: analysis of the Crown’s case; reviewing the information/indictment; considering legal elements; dealing with co-accuseds; disclosure and production; elections; challenging the case to be made by the Crown; pre-trial preparations, including procedural considerations; jury versus non-jury trials; admissions; scheduling; preparing an opening address or summary; pretrial hearings; and running the trial itself, including details relating to issues of evidence. Rooke ACJ and Ms. Fagnan discuss the role played by the bench on the way to trial, outlining the relevant Q.B. rules and forms and providing details on scheduling and holding pre-trial conferences and accessing case management.

This paper was presented at the Criminal Advocacy – Trial Strategy seminar in April, 2014.

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