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Login to watch this video if you have a subscription. Learn more about subscriptions.Panelists, Mark Ertel, and Genevieve McInnes examine the factors counsel should consider at both the section 8 and 24 stages of a warrant challenge when assessing the evidence that you want (or don't want) before the motion judge. Panelists review the significance of full disclosure and the preparation of a paper-driven record, third party records applications in the section 8 context, the pros and cons of seeking to cross-examine affiants and sub-affiants, and the value of calling additional evidence at the 24-stage, for both Crown and defence. The panel also reviews tactical options that counsel should consider when arguing these types of applications.
Mr. Ertel is a Past President of the Defense Counsel Association of Ottawa. He has been at Bayne Sellar Ertel Carter since he began his articles in 1990. He was called to the bar in 1992 and has been a criminal defense lawyer ever since. In 1999, he became a partner in the firm. He is certified by the Law Society of Upper Canada as a specialist in criminal law. Mark has lectured on criminal law at the Bar Admission Course and Continuing Education programs of the Law Society of Upper Canada. He was the co-chair of the annual Defence Counsel Association fall conferences at the Chateau Montebello from 2006 to 2009. He has lectured law students at the University of Ottawa and criminology students at Carleton University. Mr. Ertel has also participated in education programs for young lawyers and Judges of the East Region. He retired from the position of President of the Defence Counsel Association of Ottawa in 2009 after serving two terms.
Genevieve McInnes is a criminal lawyer and associate at Edelson & Friedman LLP. Genevieve joined the firm after ten years of practice with a prominent Toronto criminal law firm. She has a diverse practice that covers a wide range of criminal and regulatory matters and has appeared before the Ontario Court of Justice, the Superior Court of Justice and the Ontario Court of Appeal. Genevieve has particular experience with complex large-scale prosecutions, constitutional litigation and the defense of individuals charged with sexual assault and related offences.
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