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PSCI 231 (11)

January 24, 2013.docx

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University of Waterloo
Political Science
PSCI 231
Robert Sproule

January 24, 2013 Termination of the Client-Lawyer Relationship  Client can fire their lawyer at any time during the trial  Loss of confidence between the parties  Lawyer must give back all documentation and property to the client or their new lawyer, disclose all relevant information, account for all outstanding fees and cooperate with the subsequent legal counsel  Before they do all that, the client must settle their accounts Disbarment  Termination of membership in the law society  Lawyers name is taken from list of barristers and solicitors Justice Chisvin  Newmarket, Ontario Judge, July 2011  Called for 20 minute recess o 17 minutes later came back and clerk paged all parties to come back to court o Paged Assistant Crown Attorney Brian McCallion o Clerk paged Crown and told tell the Crown if “there’s not a prosecutor here within one minute, the list will go for want of prosecution.” o In other words – all cases will be thrown out  McCallion came to court and apologized  Judge said, “You were paged. They’re dismissed for want of prosecution.”  He had discussed 33 criminal charges involving 10 accused persons appearing before him for sentencing/guilty pleas  Went to a 4 person panel of Ontario Judicial Council o Said it has a detrimental effect on public confidence in administration of justice, “was an aberration by a hard-working judge” o They had to recharge all the people and do trial again o No penalties – started a program to help judges with stress Actus Reus Elements of a Criminal Offence 1. Act or omission (actus reus) – must have a physical act that is happening for a criminal charge 2. Act or omission in violation of a law – there must be a law that you are breaking 3. Criminal intent (mens rea) – must have a mental element to break the law 4. Union actus reus and mens rea – both have to happen 5. Punishment provided in law – must be a punishment for breaking the specified law  Stealing something caught on cameras  Crown has to show the act happened beyond a reasonable doubt  Must be a trigger to show there was a criminal intent  Must not be simply thinking about an action – must see you have acted on that  Mala in se = evil in itself  Mala inhabita –  Voluntariness o Willing mind behind the crime you are committing o Onus of proving that it is voluntary is on crown  Mental element of actus reus  You weren’t “sleep-walking” and had a mental voluntariness o Act or omissi
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