Criminal Law Guide: Bail, Pre-Trials & Charter Applications

You're a newly called lawyer and get a call from your first potential client who is in custody awaiting bail. This session offers practical steps and strategic insights from a Judge, Justice of the Peace, Crown Attorney, and Defence Lawyer to help you succeed in your early years of criminal law practice.

Bail Hearings

Preparing Sureties:

• Interviewing
• Explaining duties
• Working together to create a release plan

Marginalized Groups:

• Indigenous accused
• Accused with mental health and addiction challenges
• Economically disadvantaged individuals
• Dealing with the absence of sureties or those with limited means
• Strategies to address related challenges

Disclosure and Pre-Trials

Once your client is released and you’ve obtained disclosure, it’s time to conduct a Crown Pre-Trial (CPT) and a Judicial Pre-Trial (JPT).

Preparation and Strategy:

• Best use of a judicial pre-trial
• What can counsel hope to achieve for both Defence and Crown?
• What does a judge expect in terms of preparation?
• Differences in preparing for a CPT vs. JPT
• Professionalism & Civility: The relationship between Crown and Defence; Civil engagement during negotiations.

Tips for Resolution Discussions:

• Do your up-front work before the CPT
• If proposing a position outside of the range, or a plea to a lesser offence - Avoid discussion by ambush.
• Provide the Crown with supporting materials, including: Client’s rehabilitation prospects, Case law for sentencing.
• Don’t be afraid to go in open—Crown policies may prevent agreement, but transparency is valued.

Charter Applications

When it’s time for trial and you have pre-trial Charter applications, consider the following:

• What Judges Look For;
• What makes a Charter application: Good; Mediocre; Bad.
• Do’s and Don’ts: Tips from both Defence and Crown perspectives; Should you argue only strong motions, or file any motion regardless of success?

Drafting and Arguing Tips for New Lawyers:

• Ensure clarity and focus
• Maintain civility with opposing counsel and the bench
• Follow expectations and best practices in your courtroom demeanor

EDI and Professionalism Content

This program includes 7 minutes of Professionalism Content, including:

• Civility among lawyers
• Understanding power and privilege
• Unconscious bias
• Cultural homophily

Sentencing Hearings

• A great entry point for litigation
• Opportunity to develop advocacy skills
• Be prepared to present mitigation, including: Rehabilitation evidence; Sentencing case law.

Presenters:

• Mangesh S. Duggal
• Jacqueline Freeman
• Sayeh Hassan
• David Holmes
• Yeshe Laine
• Iryna Revutsky