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Study > Crown Role > Flashcards

Crown Role Flashcards

1
Q

₢ shall act for:

A

The public and the administration of justice

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2
Q

₢ shall act:

A
  1. Resolutely,
  2. Honourably
  3. Within the limits of the law
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3
Q

₢ shall treat the tribunal with:

A
  1. Candour
  2. Fairness
  3. Courtesy, and
  4. Respect
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4
Q

₢ shall treat all persons with whom₢ has dealing with:

A
  1. Courtesy
  2. Civility
  3. Good faith
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5
Q

₢ should take care when dealing with self represented people:

A

To ensure that unrepresented person does not think his interests are protected by lawyer

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6
Q

When caselaw is discussed in court, ₢ should:

A

Inform the court of any binding authority that they consider to be directly on point and hasn’t been mentioned

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7
Q

Boucher v The Queen [1955] SCR 16

A
  1. Purpose of prosecution is not to obtain a conviction
  2. Excludes any notion of winning or losing
  3. Public duty with great personal responsibility
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8
Q

What should occur when speaking with self reps:

A
    • 3rd party should be present
  2. Should inform A that need not say anything and anything that is said will be noted down and record kept
  3. Should make clear no privilege arises – not their lawyer
  4. Should advise to retain csl
  5. Keep detailed records of all discussions
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9
Q

What should not occur when speaking with self reps:

A
  1. Should not initiate negotiations - advise of s.606(1)
  2. Shouldn’t conduct plea or sentence negotiations unless satisfied that A accepts responsibility for all elements of the offence
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10
Q

S. 651(2)

A

Codifies the right for the accused to be self represented

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11
Q

R v Swain [1991] 1 SCR 933

A

The accused as the right to control their own defence

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12
Q

What duty does the TJ have toward self represented accused persons?

A

General duty to ensure that they receive a fair trial.

Not entitled to any special advantage

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13
Q

Relationship between ₢ and Police

A
  1. Separation necessary for proper administration of justice
  2. Ensure that ₢ uphold rolse as minister of justice
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14
Q

How should the ₢ advocate?

A
  1. Vigorously

2. Objectively defend the general public interest

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15
Q

Campbell v Shirose [1991] 1 SCr 565

A

Leading case on solicitor-client privileged between Crown and Police service

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16
Q

Who is the client of the ₢?

A
  1. The police service not individual officers
  2. Officers can share information among each other
  3. Individual officer may not have authority to waive the privilege
17
Q

What creates solicitor-client privilege?

A
  1. A communication
  2. Made in confidence
  3. With a lawyer
  4. For the purpose of giving or receiving legal advice
18
Q

What does privilege encompass?

A

The factual information

19
Q

How must privilege be waived?

A
  1. Knowingly and deliberately

2. Inadvertent disclosure does not equal implicit waiver

20
Q

Exceptions to solicitor-client privlege

A
  1. Innocence at stake - onus on accused - stringent test

2. Good faith police conduct

21
Q

S. 37, 38, 39 CEA

A

Public Interest Privilege

22
Q

What does public interest privileged cover?

A
  1. Investigative techniques
  2. Ongoing investigations
  3. Safety of individuals
  4. Police internal communications
23
Q

What does litigation privileged cover?

A
  1. Discussions and notes from meetings with officers in preparation for trial
  2. May apply to material jointly prepared by ₢ and officer at request of₢
24
Q

Advising the police

A
  1. Essential to avoid conduct that blurs the distinction between the investigation and proprietorial functions
  2. Appropriate to assist police during pre-charge and post-charge stages
25
Q

Where is the authority for ₢ to request further investigation?

A

1s. 11(a) of the CAA

26
Q

R v Darwish [2010] OJ No 604 (CA)

A

The disclosure right of the accused does not require police to investigate potential defences

27
Q

R v McNeil [2009] SCC 3

A

₢ must disclose info about any police misconduct where the findings or allegations:

  1. Relate to the subject matter of the offence (disclose)
  2. Could reasonably bear on the case
28
Q

Factors to consider when disclosing McNeil reports where there are findings/ allegations of serious misconduct

A
  1. Likely relevance standard
  2. or Not clearly irrelevant standard
  3. Need to look to the role the officer played in the case
  4. Determine whether the nature of the misconduct is relevant
29
Q

On notice of potentially relevant info re: officer credibility/reliability

A
  1. Duty to inquire on other government agencies/police forces and obtain info if it is reasonable feasible to do so
  2. Related to ₢ duty to the administration of justice
30
Q

₢ gatekeeper role re McNeil

A
  1. Determine whether police misconduct records fall within Stitchcombe
  2. Or if the records are not likely relevant and are covered by O’Connor
31
Q

When disclosing McNeil report:

A
  1. In sealed envelope
  2. When accepted, implied undertaking not to use in non-case related way
  3. Self reps need to review on site
32
Q

Cross on witness facing outstanding charges:

A
  1. Not permitted without proper foundation to establish relevance
  2. Cross on act underlying outstanding charge permitted when facts are relevant to W’s credibility
  3. Need to keel collateral fact rule in mind
33
Q

Crown discretion

A
  1. High degree of discretion

2. Unless abuse of process contrary to s. 7

34
Q

Allegations of Crown misconduct

A
  1. Need to advise Crown Attorney

2. If related to ongoing prosecution. must be re-assigned

35
Q

When Crown misconduct is found

A
  1. Either: fairness of trial or contravenes integrity of the judicial process
  2. Don’t need bad faith
36
Q

Remedy for Crown misconduct

A

Stay but must consider any other remedy first

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