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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.
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62135.06This paper provides a brief outline of charter notices and voir dires from Hon. Judge R. Shaigec of the Provincial Court of Alberta (Criminal Division). This paper is part of a collection presented at LESA’s Impaired Driving program in Calgary on October 25, 2019 and in Edmonton on November 1, 2019.
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62135.05This paper explores how legislative updates to the Criminal Code section 320.31(1)(a) lead to substantial changes to both substantive and procedural impaired driving law. In examining the question about certifiable alcohol standards, this paper reviews the decisions of numerous cases under both the old and new legislation. This paper is part of a collection presented at LESA’s Impaired Driving program in Calgary on October 25, 2019 and in Edmonton on November 1, 2019.
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62135.02This paper discusses Bill C-46’s introduction of the term “conveyance” into impaired driving legislation under the Criminal Code. It reviews how definitions of a motor vehicle, vessel, aircraft, or railway equipment have impacted decisions in past case law and offers 3 points to consider with the switch to the general “conveyance” definition. This paper is part of a collection presented at LESA’s Impaired Driving program in Calgary on October 25, 2019 and in Edmonton on November 1, 2019.
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62135.01This paper discusses the implications of the change in wording of a refusal charge under section 320.15 of the Criminal Code. The paper examines the elements of a refusal charge and what the Crown needs to prove. It identifies the conflicting lines of jurisprudence related to proof of mens rea, and it explores what may be constituted as a reasonable excuse for non-compliance. This paper is part of a collection presented at LESA’s Impaired Driving program in Calgary on October 25, 2019 and in Edmonton on November 1, 2019.
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62070.09This paper provides an introduction to criminal law procedure in provincial court. It provides an overview of docket court, including elections, publication bans, and jurisdiction. It also discusses criminal trials and sentencing, and highlights procedures and relevant legislative provisions to be aware of when appearing on criminal matters in provincial court. This paper is part of a collection presented at LESA’s Criminal Procedure Fundamentals program in Calgary on September 21, 2018 and in Edmonton on September 28, 2018.
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62070.07This paper provides tips for conducting effective direct examinations in criminal trials. It discusses how to properly prepare for a direct examination, including what materials to provide to a witness, how to advise a witness, and how to deal with special witnesses (such as experts, children, etc.). It also provides strategies for structuring and drafting direct examination questions and for handling evidence and exhibits. This paper is part of a collection presented at LESA’s Criminal Procedure Fundamentals program in Calgary on September 21, 2018 and in Edmonton on September 28, 2018.
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62070.06Effective cross-examinations in trial are a product of preparation and practice. This paper provides tips on preparing for and executing a cross-examination in a criminal trial. Topics discussed include case theory, judge versus jury trials, and cross-examination techniques. This paper is part of a collection presented at LESA’s Criminal Procedure Fundamentals program in Calgary on September 21, 2018 and in Edmonton on September 28, 2018.
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62070.05This paper offers tips for criminal lawyers on how to organize a file and prepare for trial. It discusses the benefits of creating a trial preparation sheet, and provides suggestions for what to include in, and how to effectively organize, such a document. A sample trial preparation sheet is included. This paper is part of a collection presented at LESA’s Criminal Procedure Fundamentals program in Calgary on September 21, 2018 and in Edmonton on September 28, 2018.
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62070.04This paper discusses the admission of evidence of a complainant’s prior sexual activity in sexual assault cases. It provides an overview of the relevant legislation, and highlights the two-step application process to introduce evidence of prior sexual activity. The paper also discusses the production of third party records in sexual assault cases, including the steps required to bring an application compelling production and rights of appeal. This paper is part of a collection presented at LESA’s Criminal Procedure Fundamentals program in Calgary on September 21, 2018 and in Edmonton on September 28, 2018.
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62070.03This paper provides a case study approach to pre-trial considerations in sexual assault cases. It begins with a short factual scenario that is then used as the framework to discuss key pre-trial considerations. It discusses the following cases: R v O’Connor, R v Mills, R v McNeil, and R v Quesnelle. It also reviews the two-stage test for ordering the production of documents. This paper is part of a collection presented at LESA’s Criminal Procedure Fundamentals program in Calgary on September 21, 2018 and in Edmonton on September 28, 2018.
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62070.01This paper offers suggestions for what to do when receiving an unexpected call from a client in custody. Points discussed include addressing privacy considerations, responding to a client with special needs, speaking to the arresting officer, explaining the right to silence to a detained client, and dealing with release. This paper is part of a collection presented at LESA’s Criminal Procedure Fundamentals program in Calgary on September 21, 2018 and in Edmonton on September 28, 2018.
