Areas of Law
Areas of Law
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  • 61922.04
    In this short paper, these authors explore the ethical limits of a lawyer’s ability to seek, prepare and present evidence from a witness in a proceeding, recognizing that a lawyer’s natural inclination may be to endeavour to orchestrate testimony to assist in proving a client’s case. This paper was presented as part of LESA’s Evidence Law Refresher in November and December 2014.
  • 61908.00
    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. The authors provide 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. The role played by the bench on the way to trial is also discussed, outlining the relevant QB 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 program in April, 2014.  
  • 61893.01
    $65.00
    The authors see bail as, in many ways, an art, requiring not only an understanding of the rationale of the law of bail but also an ability to creatively prepare an approach in a strategic way, with a reasonable result in mind. This paper focuses on helping lawyers conceptualize an overall approach to judicial interim release on their files. The attached “toolkit” provides standardized forms, precedents, and checklists to make analysis of judicial interim release issues more effective, and to help maximize the efficient use of time while concurrently reducing or eliminating unnecessary use of court time. This paper was presented at the Criminal Advocacy – Judicial Interim Release program in October 2013.  
  • 61896.03a
    These materials represent a succinct, point-form summary of the potential effects of criminal proceedings on an immigrant. Immigrant statuses discussed include sponsors, permanent residents, foreign nationals and those in Canada without legal status. Some case and legislative citations are included in the discussion. This paper was presented at the Immigration program in October 2013.
  • 61853.04
    This paper provides an update on law office searches, focusing on the legal requirements necessary to conduct searches of law office paper files and electronically stored information. The author reviews the guidelines established by the Supreme Court of Canada in R v Lavallee, Rackel & Heinz et al. and analyzes how the Lavallee guidelines apply to law office searches. This paper was presented at the Privacy & Litigation program held in October of 2012.  
  • 61846.01
    This paper outlines the bail review process at the Court of Queen’s Bench, providing information on scheduling the hearing as well as timing, notice and documentation requirements. The author also provides similar information on detention review applications, bail forfeiture applications, summary conviction appeals and appeals to the Court of Appeal. This paper was presented at the Criminal Law for Legal Support Staff program held in September 2012.  
  • 61826.02b
    This paper was drawn from materials presented at the Life, Liberty, and the Pursuit of Proceeds program held in February 2012. It is designed as a starting point for counsel when faced with prosecuting or defending a wiretap case, assisting in identifying non-Charter issues.  
  • 61826.02a
    $35.00
    This paper was drawn from materials presented at the Life, Liberty, and the Pursuit of Proceeds program held in February 2012. It covers issues that commonly arise as a result of improper execution of a wiretap order or that may arise when the prosecution seeks to introduce the wiretap evidence at trial.
  • 61826.01
    This paper was drawn from materials presented at the Life, Liberty, and the Pursuit of Proceeds program held in February 2012. Read this paper for a review of search principles, privacy principles, Criminal Code sections, and Charter considerations relevant to search warrants.  
  • 61820.00
    This resource was drawn from materials provided at the Criminal Law for Legal Support Staff program presented in January 2012. It provides a brief overview of the Criminal law practice area including offences, procedures, and an outline of the criminal process. It includes a disclosure checklist, and two commonly encountered pre-trial scenarios (with defined vocabulary).  
  • 61825.04
    This paper was drawn from materials from the February 2012 program entitles Crime and Punishment: New Aspects of Evidence in the Electronic Age. This paper focuses on the use of previously recorded statements and their evidential value. Obtain a refresher on the procedure for using a previously recorded statement to impeach a witness, and then learn of the recent developments regarding the admission of such statements for the truth of their content.  
  • 61825.01
    This paper was presented at “Crime and Punishment: New Aspects of Evidence in the Electronic Age”, a LESA program held in February 2012. This paper deals with recent developments in the wire tap law. It covers specific legislative enactments and judicial decisions in state use of electronic surveillance. In addition, this paper examines recent Ontario and Alberta cases regarding live monitoring requirements in wire tap authorizations and the use of an interception equipment feature called “put away”.