Role of the Players

Question 1

What policy guides the Crown?

Answer 1

Crown Prosecution Manual

Question 2

What does the Crown Prosecution Manual do?

Answer 2

Guides use of prosecutorial discretion.

Question 3

When is a charge able to proceed?

Answer 3

When there is reasonable prospect of conviction and public interests

Question 4

What competing interests must the Crown balance?

Answer 4

Public, accused, victim

Question 5

What must happen if the prosecution determines there is no RPC?

Answer 5

Discontinue the prosecution

Question 6

Is the prospect of conviction standard higher or lower than a prima facie case?

Answer 6

Higher

Question 7

Does RPC require a probability statement?

Answer 7

No.

Question 8

What does the application of the RPC standard require?

Answer 8

1, Limited assessment of credibility based on objective factors
2. Assessment of the admissibility of evidence
3. Consideration of likely defences

Question 9

What factors should prosecutors consider when applying the RPC standard?

Answer 9

the availability of evidence
- the admissibility of evidence implicating the accused
an assessment of the credibility and competence of witnesses, without taking on the role of the trier of fact
the availability of any evidence supporting any defences that should be known or that have come to the attention of the Prosecutor.

Question 10

If there is public interest but no RPC is prosecution warranted?

Answer 10

No

Question 11

What type of cases are of high public interest by policy?

Answer 11

Intimate partner violence
Sexual offences
Impaired driving

Question 12

Give some examples of public interest factors that should be considered when deciding to prosecute a case.

Answer 12

• the gravity or relative seriousness of the incident
• circumstances and views of the victim including any safety concerns
• the age, physical health, mental health or special vulnerability of an accused, victim or witness
• the prevalence of the type of offence and the actual or potential impact of the offence on the community and/or victim
• the criminal history of the accused
• whether the consequences of any resulting conviction would be unduly harsh or oppressive to the accused
• whether the accused is willing to co-operate or has already co-operated in the investigation or prosecution of others
• the degree of culpability of the accused, particularly in relation to other alleged parties to the offence
• the likely outcome in the event of a finding of guilt, having regard to the sentencing options
• the length and expense of a trial when considered in relation to the seriousness of the offence
  the availability of any alternatives to prosecution such as diversion and civil remedies.

Question 13

What must be rejected when determining public interest?

Answer 13

Prejudice

Question 14

What must the prosecutor do before discontinuing the prosecution?

Answer 14

Ensure reasonable steps are taken to inform the victim and the investigating officer that the charges will be withdrawn.

Question 15

How does DNA relate to primary offences?

Answer 15

Court must make order, upon application of prosecutorH

Question 16

How does DNA relate to secondary designated offences?

Answer 16

Court may make order, upon application of prosecutor.

Question 17

What are purposes of the collection and storage of DNA from convicted offenders?

Answer 17

• To deter potential repeat offenders
• promote the safety of the community
• detect the presence of a serial offender
• assist in solving old cases
• Streamline investigations
• exclude innocent suspects
• exonerate those wrongfully convicted

Question 18

What does the Crown prosecution manual require the Crown to disclose when using an expert witness?

Answer 18

all expert reports, summaries of expert opinions and, if requested, any underlying material relied upon by the expert where it is practicable to do so.

Question 19

What is required by the Crown manual for the Crown to do when presenting expert evidence?

Answer 19

Ascertain the limitations of the evidence

Question 20

What should the prosecutor do when an expert expresses concern that their evidence has left a misleading or innaccurate impression with the court?

Answer 20

Disclose it to the defence, and if justified, convey to the court.

Question 21

What was the issue in Boucher v. The Queen?

Answer 21

Was the appellant depreived of a trial according to law by reason of the fact that the Crown counsel used inflammatory language in his address to the jury?

Question 22

What was held in Boucher?

Answer 22

Appeal should be allowed, conviction quashed and new trial ordered.

Question 23

Describe, in a nutshell, the famous quote from the Boucher trial.

Answer 23

Purpose of a criminal prosecution is not to obtain a conviction, but to present credible evidence relevant to the crime.
Role of prosecutor excludes any notion of winning or losing.

Question 24

Who is the prosecutor’s client?

Answer 24

Prosecutor does not have a client.

Question 25

What sets out rules of professional conduct that guide the conduct of all lawyers>

Answer 25

Law society of ontarion

Question 26

What is the lawyer’s duty in terms of how they act?

Answer 26

To act honourably and with integrity

Question 27

Why must a lawyer act with honour and integrity?

Answer 27

If client doubts lawyer’s trustworthiness, essential element of lawyer-client relationship will be missing
Public confidence in the admin of justice and in legal profession may be eroded by lawyer’s irresponsible conduct

Question 28

To what standard should a lawyer perform legal services?

Answer 28

To the standard of a competent lawyer

Question 29

Does working with competency require a standard of perfection?

Answer 29

No.

Question 30

In what case does a defence lawyer have limited justified or permitted disclosure?

Answer 30

If they believe on reasonable grounds that there is imminent risk of death or serious bodily harm and disclosure is necessary to prevent it.

Question 31

What should a lawyer do if they lack competence in their consulted task?

Answer 31

• decline to act;
• obtain the client’s instruction to retain, consult or collaborate with a lawyer who is competent; or
• obtain the client’s consent for the lawyer to become competent without undue delay, risk or expense

Question 32

Upon which principles is competence founded?

Answer 32

Ethical and legal

Question 33

In what areas can a lawyer have deficiencies that the Law Society Act says they fail to meet professional competence for?

Answer 33

1. The lawyer’s knowledge, skill or judgment
2. The lawyer’s attention to the interests of the client
3. The records, systems or procedures of the lawyer’s professional business
4. Other aspects of the lawyer’s professional business

Question 34

What is the quality of service required of a lawyer?

Answer 34

Competent
Timely
Conscientious
Diligent
Efficient
Civil

Question 35

What are the rules for lawyers as advocates?

Answer 35

Fearlessly raise every issue, regardless of how distasteful, if believed it will help the client’s case and is authorized by law
Must maintain dignity, decorum, and courtesy in the courtroom.

Question 36

What are the rules of conduct regarding incriminating physical evidence?

Answer 36

A lawyer shall not counsel or participate in the concealment, destruction or alteration of incriminating physical evidence or otherwise act so as to obstruct or attempt to obstruct the course of justice.

Question 37

What was the verdict in R. v. Murray?

Answer 37

Not guilty of obstructing justice

Question 38

Does a lawyer advising a client that they have the right to refuse to divulge the location of physical evidence constitute hindering an investigation?

Answer 38

No

Question 39

What is The Test in Lyttle?

Answer 39

Defence counsel can cross-examine a witness on a point provided counsel has a good fatih basis for asking the question.
This does not require that the defence be able to prove the suggested facts, just cannot assert something they know to be false.

Question 40

What duty does an expert witness owe to the court?

Answer 40

Be properly qualified: impartial, independent, unbiased

Question 41

What was established by R. v. Awer?

Answer 41

Trial judge should subject expert evidence to the same level of srutiny, regardless of which side calls the expert.