Criminal Case Law Update; Bail Reviews vs Detention Reviews: A Primer & Guide for Defence Counsel | CPDonline.ca

Criminal Case Law Update; Bail Reviews vs Detention Reviews: A Primer & Guide for Defence Counsel

Paula Puddy, HBA LLB MBA

The Frontenac Law Association (FLA) hosts this three-part seminar, featuring the Honourable Justice Laurie Lacelle, the Honourable Justice Clyde Smith, and Sarah Black as they delve into various case law updates related to criminal proceedings.

Watch as Justice Laurie Lacelle emphasizes the importance of grounding credibility assessments in evidence rather than myths and stereotypes, explores principles governing the distinction between legitimate and speculative assessments, and provides case law updates that counsel can use to improve their advocacy.

Next, Justice Clyde Smith discusses the amicus curiae process, addressing challenges with uncooperative and disruptive accused individuals. He clarifies the role of the amicus, permissible actions, and the circumstances under which a trial judge may appoint one. Justice Clyde Smith also examines case law, and explores strategic feigning of mental illness by accused individuals.

Lastly, Sarah Black offers advice for defence counsel in detention and bail reviews in extensive detail. Sarah Black also explains the burdens involved in bail reviews, the importance of materials filed by the defence, and gives advice on timelines and best practices for submissions, including considerations for Legal Aid Ontario (LAO) reimbursements.

Criminal Case Law Update; Bail Reviews vs Detention Reviews: A Primer and Guide for Defence Counsel

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