Difference between revisions of "Practice Recommendations on Criminal Law for Law Students (1:XIII)"

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Prior to the trial commencing one should have reviewed the key evidence in the case and identified potential challenges to the admissibility of that evidence. One should consider if the admissibility issue or Charter challenge to the evidence can be canvassed with Crown counsel prior to the start of a trial. Generally, unless there is a good strategic reason to not inform Crown counsel, (i.e., informing the Crown will allow it to call additional evidence that the defence knows is available, but is not currently being called) admissibility issues should be brought to the Crown’s attention ahead of time.  

Challenging the admissibility of evidence is perhaps the most important work that the defence can perform as an advocate for the client, as lay litigants are ill-equipped to recognize and challenge inadmissible evidence. Rules of admissibility of evidence tend to be complex issues that require a critical analysis of the law followed by an application of the law to the facts. Diligent preparation would allow the student to present challenges to the admissibility of evidence and have inadmissible evidence excluded from the court’s consideration. Some challenges to the admissibility of evidence are simply made through objections and legal arguments at the time Crown seeks to adduce the evidence, while others will require the court to hear additional evidence that is relevant to its admissibility.  

LSLAP clinicians are encouraged to, but are not required to, appear in court to set a trial date. The trial date must be set with the approval of the supervising lawyer and according to LSLAP’s trial availability. Before attending court to set a trial date, confirm the length of time needed by the defence with the LSLAP supervising lawyer.

:'''NOTE:''' The client '''must''' still attend the Arraignment Hearing and enter a plea of not guilty in order for the trial date to be set.

The '''pre-trial conference''' is a procedural appearance for LSLAP files to confirm there is a trial supervising lawyer and that the matter is indeed going to trial, that there are no disclosure issues, and that ''Charter'' challenge notices have been given.