UBC Law Students’ Legal Advice Program Summer 2016 Training – Criminal Practice & Procedure

Schedule TimeTopic 8:45-11:00Introduction to Practicing Criminal Law Basic Criminal Procedure; Caseflow Management Rules What happens before court – The Client Interview & Client Management Issues Reviewing Disclosure & the Contents of a Criminal File File Management Ethics & Professionalism; Relationship with Crown Counsel 11:00-12:00A View from the Bench: Carol Baird Ellan 12:00-12:45Lunch 12:45-2:00What happens in court – How to Appear in Court Arraignment Court / Plea Negotiations Preparing for Sentencing Conducting a Sentencing Hearing 2:00-3:00Sentencing Submissions Workshop 3:00-4:00What happens in court (continued) – Preparing for Trial Conducting a Trial Ethics & Practice Management

Introduction to Practising Criminal Law

Basic Criminal Procedure Summary vs. Indictable Offences Provincial vs. Federal Jurisdiction Process / Forms of Release Charge Approval

Criminal Caseflow Management Rules First Appearance / Fix Dates Arraignment Hearing / Fix Dates Pre-Trial Conference Trial ◦Summary Proceedings Court ◦Assignment Court Sentencing

The Client Interview (Initial) Do NOT discuss the facts of the case. Can explain procedure to the client. Obtain the client’s full legal and given names & aliases and contact information. Obtain whatever paperwork the client has. Double check next court date on CSO. Tell client what will happen and what to do and say at next court appearance.

Client Management Clients are not your friends. It is good to be empathetic & sympathetic, but also important to keep professional distance. You are there to advocate for the client within the bounds of the law and your ethical and professional duties. You are not there to simply be the client’s mouthpiece.

Personal Security & Information Security Interview your client in a professional setting – be very cautious in meeting clients in their homes. Let someone know where you are going and when you expect to be done. Set up your clinic space so you have at least one escape route. Never leave files unattended. Be aware of where you are and who is around you when talking about your files & clients. Do not leave personal items in the open at your clinic.

Disclosure (the Particulars) Report to Crown Counsel (RTCC) Witness Statements Police Notes Photos & Exhibits Governed by R. v. Stinchcombe, R. v. O’Connor, R. v. MacNeil Crown obligated to disclose anything that is in the possession of Crown and is likely relevant to an issue at trial or could go to a potential defence. Crown NOT obligated to disclose what is not in Crown possession, clearly irrelevant, or is protected by privilege.

File Management Everything should be attached to the file – there should not be any loose papers! Common way of arranging a file – disclosure on right side; correspondence, notes, Arraignment / Trial Readiness Reports in reverse chronological order on left side. Flag important stuff with sticky tabs or post-its. Take notes of everything, whether it is conversations with your client or conversations with the Crown or with Leslie Anne. Write a typewritten memo to file if something significant happened. Cover your ass.

Ethics & Professionalism Your appearance and your work product reflects on both you and LSLAP, so: Dress the part! Be neat, be clean; the time to be on the edge of fashion is after you get called, not while you’re in LSLAP. Be organized. Proofread. Take good, verbatim notes. Never, ever misstate or misquote someone, whether it’s a conversation you had with Crown or a witness in testimony.

Dealing with Crown Counsel Communication is key. Never, ever go to court without having spoken with Crown ahead of time. Be professional and ethical. Be polite and respectful. Know the file and the law, and know what you want before picking up the phone. Be considerate. While you may have only one file or one trial that day, a Crown may have 3 or 4 trials on the same day, 3 or 4 days that week, and your trial might be the least of his or her worries. You might not want to get on the Crown’s radar.

A View from the Bench – Carol Baird Ellan

Appearing in Court

Judges are addressed as “Your Honour”. Justices of the Peace are “Your Worship”. Stand when the Judge / JP are entering or exiting the courtroom. Bow when you are entering or exiting the courtroom. Stand when you are speaking to the Judge or when the Judge is speaking to you. Only one counsel should be on their feet at a time. (IE if Crown is speaking, you should be sitting.)

Arraignment Court & Plea Negotiations Alternative Measure / Diversion Peace Bonds Initial Sentencing Position Joint Submissions Disputed Facts Written Instructions (or, how to cover your ass when everything that could go wrong goes wrong)

Preparing for Sentencing The client should ONLY plead guilty if: 1. The client is ACTUALLY guilty; AND 2. The Crown can prove their case beyond a reasonable doubt. Know the case, and know your client. What caused him or her to commit the crime? What will deter him or her from committing further criminal offences? Have a plan. Reports & Letters of Support

The Sentencing Hearing Arguing for a Conditional Discharge Ss Criminal Code In the offender’s best interest Not contrary to the public interest Deterrence (general & specific) Denunciation Rehabilitation Promoting a sense of responsibility in the offender & reparations to the community

Sentencing Submissions Workshop

Preparing for Trial The Trial Binder Information Report to Crown Counsel Police Will-says & Notes Witness Statements Exhibits

The Trial Cross Examination No or Insufficient Evidence Motions Direct Examination Entering Exhibits Closing Submissions – R. v. W.D.

Ethics & Practice Management