Criminal Justice - The Do's and Don'ts of Witness Preparation: How to prepare witnesses without compromising the case (Archived Video Stream) 

Jun. 21, 2012
Toronto Online

This is the archived version of a program presented on June 21, 2012.  This will not become available until 2 weeks after the orginal program date.  To order this format please click on the "REGISTER NOW" button.   

Interviewing witnesses is an essential part of every trial counsel's skill set. Proper and thorough witness interviews can be essential to success at trial. But where does the important line lie between diligent preparation and impermissible woodshedding? To what extent can other evidence be reviewed with witnesses, before the trial begins? Is it appropriate to advise a witness of your theory of the case? Is it appropriate to use leading questions? Should you perform a mock cross-examination to prepare the witness for what to expect in court? Is it even permissible to do so? Do the answers to these questions change depending on whether the witness is a fact or expert witness? Or if the interviewer is Crown or defence? Do different considerations apply if the witness is your client? There is surprisingly little jurisprudence on these common but important ethical and tactical questions.

Get the views of our panel of experienced counsel and judges on the "do's and don'ts of witness preparation".

The Honourable Justice Bruce Durno, Superior Court of Justice
Mark Sandler, Cooper, Sandler, Kaufman, Shime & Bergman LLP
Suhail Akhtar, Ministry of Attorney General

Chris Wayland, McCarthy Tétrault LLP


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