Charter Mock Trial Creating Witness Stories, Step E Court Presentation, Step F

Creating Witnesses, Complete Chart Witness #1: Name/Role/Profession Who will play the witness? Who will question the witness? What will I wear to help create the witness/character? What argument and evidence will the answers to questions reveal: (describe broadly) What submissions (documents, visual, props, audio) could I bring or create?

Creating Witnesses, Data to Questions i) Take your research/data and make them part of a question/answer script: ii) Data from a news article “VANCOUVER, B.C. (WOMENSENEWS)--Five and a half years after Maggie de Vries' sister Sarah disappeared, prosecutors finally attributed her slaying to a man accused of committing the most serial killings in Canada's history. Like many of the other victims, Sarah was a prostitute in downtown Vancouver's eastside neighborhood. De Vries thinks her sister's occupation explains why it took so long for officials to explain her disappearance. She also thinks it explains why Sarah is dead.” iii) Witness: Victim/family relative of murdered prostitute

Creating Witnesses, Data to Questions 1.Good afternoon, could you please state your name to the court? “I am Maggie Devries, the sister of deceased Sarah Devries, a former street worker, or prostitute, if you will.” 2. And what is your purpose her to day? “I am hear to tell you about my sister, Sarah, who disappeared five years ago, when working as a prostitute in Vancouver.” 3. Can you tell us about the events surrounding your sister’s disappearance and death in greater detail. “Well, my sister and I came from a tough home, but she struggled more with my mother’s alcoholism and my father’s harsh rules, so at age 14 she left home, and we had no idea where she went for almost 2 years, until we located her on the street of Vancouver….” will argue about disappearance and link to prostitution laws, which make prostitution only possible in dark alleys or the cars/locations the johns select.

Court Presentation The judge will open the proceedings and then ask the plaintiff to make the opening statement Step 1; Opening Statement (Plaintiff): “Good Morning Ladies and Gentleman. My name is ….and I am representing my client…. My client’s Charter rights have been infringed. (Tell the story-see short summary handout) We argue that the law (Mention the law in question) violates/infringes section …of the Charter…which states that…” We assert that the Charter rights are infringed because…(Mention the reasons broadly). To make our case, we will call up…” (Mention all your witnesses) The judge will then ask for you to call up the first witness.

Court Presentation Step 2; Question Witnesses (Plaintiff): As a lawyer, pose simple questions to the witnesses, which they answer freely As a lawyer, announce when you are wanting to make submissions. “Your, Honour, I would like to submit this video clip to the proceedings…” Ask the witness the describe and summarize the submissions The judge will then ask the opponent whether they wish to cross examine the witness.

Court Presentation Step 3; Cross Examination/Rebuttal: As a lawyer, pose simple questions to the witnesses, trying to discredit their testimony and arguments. You can ask leading questions, which are answered with yes or no, but are proposing ideas. “Were you not late for class on Friday?” “You got mad when he kissed your girlfriend?” The judge will then ask for the next witness to be brought up.

Court Presentation After all the witness testimonies, the judge will ask whether you have anything else to contribute. Step 4; Precedent Cases: As a lawyer, mention the precedent cases. “Your Honour, we have one or several precedent cases. A colleague of yours argued in …..(use connection summary from chart)

Court Presentation The judge will then ask the defendant to present their opening statement. Step 5; Opening Statement, Defendant: “Good Morning Ladies and Gentleman. My name is ….and I am representing my client…. My client has justifiably limited the Charter rights which the plaintiff claims have been infringed. (Tell the story from your perpsective-see short summary handout) To make our case, we use the precedent case R. vs Oakes and we will call up…” (Mention all your witnesses) The judge will tell you that you can proceed. Step 6; Mention Precedent Case(s) The judge will then ask you to bring up your witnesses Step 7; Examination and Cross-Examination of Witnesses

Court Presentation The judge will then ask the plaintiff to make the closing statement, followed by the defendant. “Your Honour, we have argued that…(mention argument and Charter section) We heard the opponent assert that…(mention arguments), but have shown that..(mention your witnesses, arguments, and evidence) –repeat as often as needed We also argued that…(mention precedent cases briefly) Based on these testimonies, evidence and precedents, we ask you to rule in our favour.”