Assignment Task
Purpose
- To learn about trial advocacy within the permitted scope of practice of a paralegal; and
- To develop a coherent case strategy and execute it effectively; and
- To demonstrate an understanding of the Canadian Charter of Rights and Freedoms (the Charter).
Learning Outcomes
CLR 1: Research statutes relevant to the application of criminal law
CLR 2: Explain the role of the participants in the criminal law system
CLR 3: Apply procedures relevant to the pre-trial and trial process.
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Get Help Now!Instructions
1. Based on the scenario that you have been assigned, review the scenario, identify any Charter breaches that may have occurred and consider what an appropriate remedy would be for the breaches that you have identified (for example: a stay of proceedings or exclusion of evidence);
2. Draft your legal argument, outlining the breaches (based on the facts outlined) and supporting the remedy that you have determined is appropriate.
a. Your legal analysis should not be more than 4 pages (double spaces, 1 inch margins, 11 or 12 point font).
Note:The difference between your thoughts and a legal argument is that your legal argument has to be supported by the law – both statute and case law, rather than a statement of what the officers should or should not have done
Sally Jones Case Study
Sally Jones asked her friend Nandani Sharma to pick her up in a parking lot down the street from the mail where she had been shopping. The two friends were planning to go to another friend’s home to watch some television. When Ms Sharma arrived in her car, she found Ms Jones standing in the parking lot with a big green garbage bag, which Ms Jones threw in the back seat of the car. She told Ms Sharma that the bag contained some clothes. While driving, Ms Sharma lost track of her speed and before she realized I, she was driving too fast. Just as she thought about slowing down, she noticed the blue flashing lights of a police car behind her, so she pulled over. Office Blackstone came to the car window, told Ms Sharma she had been going 25 km/h over the posted speed limit and that she was going to get a ticket. While Officer Blackstone was writing up the ticket, he noticed that the garbage bag in the back seat had partially spilled out, revealing a pile of clothes with price tags attached to them. Officer Blackstone opened the back door of the car and began to go through the clothes. With further investigation, it was alleged that Ms Jones had stolen all of the clothes and she was charged with theft over $5,00
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