Crown Role

Question 1

₢ shall act for:

Answer 1

The public and the administration of justice

Question 2

₢ shall act:

Answer 2

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

Question 3

₢ shall treat the tribunal with:

Answer 3

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

Question 4

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

Answer 4

1. Courtesy
2. Civility
3. Good faith

Question 5

₢ should take care when dealing with self represented people:

Answer 5

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

Question 6

When caselaw is discussed in court, ₢ should:

Answer 6

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

Question 7

Boucher v The Queen [1955] SCR 16

Answer 7

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

Question 8

What should occur when speaking with self reps:

Answer 8

1. • 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

Question 9

What should not occur when speaking with self reps:

Answer 9

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

Question 10

S. 651(2)

Answer 10

Codifies the right for the accused to be self represented

Question 11

R v Swain [1991] 1 SCR 933

Answer 11

The accused as the right to control their own defence

Question 12

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

Answer 12

General duty to ensure that they receive a fair trial.

Not entitled to any special advantage

Question 13

Relationship between ₢ and Police

Answer 13

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

Question 14

How should the ₢ advocate?

Answer 14

1. Vigorously

2. Objectively defend the general public interest

Question 15

Campbell v Shirose [1991] 1 SCr 565

Answer 15

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

Question 16

Who is the client of the ₢?

Answer 16

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

Question 17

What creates solicitor-client privilege?

Answer 17

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

Question 18

What does privilege encompass?

Answer 18

The factual information

Question 19

How must privilege be waived?

Answer 19

1. Knowingly and deliberately

2. Inadvertent disclosure does not equal implicit waiver

Question 20

Exceptions to solicitor-client privlege

Answer 20

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

2. Good faith police conduct

Question 21

S. 37, 38, 39 CEA

Answer 21

Public Interest Privilege

Question 22

What does public interest privileged cover?

Answer 22

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

Question 23

What does litigation privileged cover?

Answer 23

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₢

Question 24

Advising the police

Answer 24

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

Question 25

Where is the authority for ₢ to request further investigation?

Answer 25

1s. 11(a) of the CAA

Question 26

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

Answer 26

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

Question 27

R v McNeil [2009] SCC 3

Answer 27

₢ 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

Question 28

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

Answer 28

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

Question 29

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

Answer 29

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

Question 30

₢ gatekeeper role re McNeil

Answer 30

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

Question 31

When disclosing McNeil report:

Answer 31

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

Question 32

Cross on witness facing outstanding charges:

Answer 32

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

Question 33

Crown discretion

Answer 33

1. High degree of discretion | 2. Unless abuse of process contrary to s. 7

Question 34

Allegations of Crown misconduct

Answer 34

1. Need to advise Crown Attorney | 2. If related to ongoing prosecution. must be re-assigned

Question 35

When Crown misconduct is found

Answer 35

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

Question 36

Remedy for Crown misconduct

Answer 36

Stay but must consider any other remedy first