Can I Smoke This Joint Yet? | CPDonline.ca

Can I Smoke This Joint Yet?

Can I Smoke This Joint Yet?

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Credits
Professionalism (Ethics, etc.): 1.0
55 minutes
Substantive: 0.25
20 minutes
Published
2017
Presenter(s)
Ken Dunham
Vanessa MacDonnell
Palma Paciocco
Tony Paciocco
Heather Perkins-McVey
Tim Radcliffe
Michael Spratt
Sarah Starkie
Source
County of Carleton Law Association (CCLA)
Provider
CPDOnline.ca
Language
English
Length
75 minutes
Price
$349.00 plus tax
CCLA Criminal Law Conference 2017
Includes Handouts

This panel will focus on highlighting a variety of new and upcoming changes to important areas of criminal law legislation such as the victim fine surcharge, the legalization of marijuana, and mandatory minimum sentences that have been struck down.

Professionalism content includes:

  • Duty of competency – being aware of and understanding the impact of important changes to criminal legislation in order to be able to properly advise clients of legal issues and potential defences (Applicable Rules: 3.1-1(a), (b), (j))
  • Duty of Advocacy - This will enable counsel to properly assess a case and advise the client of all the legal issues and remedies available, especially in light of the changing and changed law (Applicable Rules: 5.1, 3.2-1, 3.2-2)

Navigating the Plea Road: How to Avoid Dumptrucks

Plea Bargaining

This panel will discuss the practical and ethical considerations involved when conducting plea bargaining negotiations on behalf of a client. The analysis of ethical considerations will satisfy the professionalism/ethics component of the CPD requirement, covering:

  • Ethical considerations (Applicable Rules: 3.1-1(b), (c), (f), (k), 5.1-3).
    • From defence perspective: when is it appropriate to engage in plea-bargaining? (e.g. What if client maintains innocence but wants to take a plea deal? What if client resists a favourable plea offer but is likely to be convicted at trial? What if negotiations are occurring on behalf of one or more co-defendants?)
    • From Crown perspective: ethical duty to 'seek justice' when exercising discretionary powers, including in plea-bargaining context; strategic implications for defence -- tips for using language that appeals to Crown's ethical duties to advance clients' position during plea negotiations
  • Duty of Competency and quality of service (Applicable Rules: see above; 3.2-1). Specialized knowledge relevant to promoting client objectives will be discussed, along with discussion of the most effective method of negotiating in the client's best interest
  • Competency and quality of service as related to advocacy and negotiation will be covered in this session as the specialized knowledge relevant to promoting client objectives will be discussed, along with the following practical tips for plea negotiations:

Practical tips for plea negotiations:

  • Appealing to factors that Crowns are likely to consider when 'triaging' cases (e.g. precedent-setting value of file, level of planning by accused, etc.);
  • Ensuring appropriate disclosure prior to plea negotiations;
  • Sharing precedent sentencing cases early to help 'anchor' Crown's expectations about possible sentencing outcomes;
  • Plea-bargaining for Indigenous clients who are entitled to have Gladue factors considered at sentencing; 
  • Determining the 'going rate' for particular pleas as a relatively junior defence attorney; (Applicable Rules: 3.2-1, 7.2-5)
  • Duty to other lawyers to be courteous, civil and act in good faith while negotiations are ongoing will also be covered (Applicable Rules: 7.2-2)

Presenters

Ken Dunham

Ken Dunham practices criminal and civil litigation in Ottawa. His first trial experience was as a self-represented minor during high school, but his subsequent journey to law school took a somewhat circuitous route, with stints along the way as a special constable, probation officer, IT/telecom systems integrator, and work with a UK-based corporate ethics consultancy.

Assistant Professor Vanessa MacDonnell

Vanessa MacDonnell is an Associate Professor at the University of Ottawa Faculty of Law and counsel at Russomanno Criminal Law. She is an expert in constitutional theory, criminal law and the law of evidence. Vanessa's current research examines how political actors interpret and implement constitutional rights. Her work is comparative and draws on constitutional law and theory from a range of jurisdictions. Vanessa also writes regularly on the role of the jury in contemporary criminal law. In 2015, Vanessa appeared before the Supreme Court of Canada as co-counsel for the intervener Criminal Lawyer's Association in R v Saeed.

Palma Paciocco

Palma Paciocco is an Assistant Professor at Osgoode Hall Law School of York University. She holds an S.J.D. degree from Harvard Law School, B.C.L. and LL.B. degrees from the McGill Faculty of Law, and a B.A. in philosophy and history from the McGill Faculty of Arts. Professor Paciocco served as a law clerk to the Honourable Justice Louise Charron of the Supreme Court of Canada and is called to the Bars of Ontario and New York. Her teaching and research interests are in the areas of criminal law and theory, criminal procedure, evidence, sentencing, and professional ethics.

Tony Paciocco

Tony Paciocco is a criminal lawyer and associate at Edelson & Friedman LLP. He completed a B.A. at McGill University, where he graduated with distinction. He received his J.D. from Queen’s University in 2014. In his final year at law school, Tony was the recipient of the Dean’s Bronze Scholar Award, which is awarded annually to the student who obtained the third highest grade point average in his or her year. He also had the distinction of receiving the Queen’s Law Prize in Advanced Criminal Law. During his legal studies, Tony served as a student caseworker for Queen’s Legal Aid, did pro-bono work for the Ontario Justice Education Network, and was a volunteer editor of the Queen’s Law Journal. In 2012-2013, Tony represented his school at the Canadian Client Consultation Competition, where Queen’s made it to the final round of the national competition. The following year, Tony acted as student coach for the Queen’s Arnup and Sopinka Cup Trial Advocacy Team, where the team placed first in provincials and third in nationals. Tony worked as a summer student and then as an articling student at Edelson Clifford D’Angelo Friedman LLP. As a member of the firm, Tony has assisted with legal research and trial preparation. He has drafted material for all levels of court in Canada, including the Ontario Court of Appeal and the Supreme Court of Canada. Tony was called to the bar in 2015. He is a member of the Law Society of Upper Canada and the Criminal Lawyers’ Association. Tony is also a part of the firm’s Affordable Defence Initiative.

Justice Heather Perkins-McVey

Justice Heather Perkins-McVey appointed to the Ontario Court of Justice in June 2009 and presides over Criminal matters in Ottawa. Justice Perkins-McVey is the Judicial representative on the Mental Health Court Committee and the Ottawa Drug Treatment Court. Justice Perkins-McVey was actively involved with others in 2007 in setting up the Ottawa Adult Mental Health Court and in May 2008 in setting up the Ottawa Youth Mental Health Court.

Tim Radcliffe

Tim currently serves as counsel for the Public Prosecution Service of Canada. His trial practice involves the prosecution of criminal offences committed in Canada and abroad – including Rwanda, the USA, and Somalia. From 2010 to 2016, he taught International Criminal Law at the University of Ottawa. He now coaches the International Criminal Court Moot team at uOttawa. He has lectured at the Canadian Police College and Carleton University, and is a faculty instructor at the Philippe Kirsch Institute. For a number of years, he was Canada’s correspondent for the Yearbook of International Humanitarian Law.

Michael Spratt

Michael Spratt received a B.Sc. (Hon) in Biology and Environmental Science from McMaster University in 2001. Mr. Spratt was called to the Bar in 2005 after attending law school at Dalhousie University. Mr. Spratt is a partner at the boutique criminal law firm Abergel Goldstein & Partners. Mr. Spratt normally appears in the Superior Court of Justice and the Ontario Court of Justice but he did carry Howard Krongold’s litigation bag to the Supreme Court of Canada and the Ontario Court of Appeal. Mr. Spratt frequently appears as an expert witness before Canada's House of Commons and Senate. Mr. Spratt is an award winning blogger and has written for many publications including: iPolitics, the National Post, the Ottawa Citizen, the Ottawa Sun, and Canadian Lawyer. Mr. Spratt is also co-hosts of the popular and award winning legal and political podcast The Docket. He has served as a director of the Criminal Lawyers’ Association. He later served as a treasurer, and vice-president, of the Defence Counsel Association of Ottawa. He has been a guest instructor at the University of Ottawa law school, Carleton University, and Algonquin College and has presented at numerous professional education conferences.

Sarah Starkie

Sarah was born and raised in Ottawa. She received her Bachelor of Arts Degree in Criminology and Criminal Justice, with a minor in Political Science from Carleton University in 2008. Sarah subsequently attended law school at the University of Ottawa and received her Juris Doctor in 2011, graduating magna cum laude.

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