So far as practicable, you should try to provide the same sort of empathy and support to the witnesses who may be called in support of your client. They too feel vulnerable when they deal with lawyers. Who doesn’t? But witnesses feel more than usually threatened. Except for the fear of punishment that the accused alone may face, witnesses consider that they are very nearly in the same position as the accused. They are unfamiliar with and usually frightened of the trial process, so they are reluctant to be involved. They need to be made to feel that the lawyer has taken into account their interest as well as those of the accused. They must come to see that the lawyer representing the accused is competent to handle the trial and to present them before the court without causing them humiliation or terror.
NOTE THAT PRINTING IS DELAYED to include extensive content on Canada’s new legalized marihuana laws. New ammendments are anticipated to the Criminal Code of Canada and the Controlled Drugs and Substances Act. The author will discuss the impact of these provisions on persons that are convicted of marijuana related offences on international travel and investments.
Patrick Ducharme’s 2018 Criminal Practice and Procedure is the definitive guide to understanding procedural, evidentiary and substantive criminal law principles. It refers to new appellate decisions impacting these areas of law up to and including its date of publication. Although prepared for third year law students, it also serves as an excellent, up-to-date, authoritative consideration of Canadian criminal law, a beneficial tool to all criminal law practitioners, regardless of their level of experience.
It is written by an experienced practitioner whose writing style is sharp and to the point, without legalese. It follows Lord Balfour’s admonition: talk English, not law. Ducharme clarifies complex legal principles using concise language. Even difficult concepts, such as the co-actor’s exception to the hearsay rule, are explained precisely, understandably, using the language of a seasoned trial lawyer like flashing lights on a dark night.