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Training and Professional Development

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Training and Professional Development TRAINING AND PROFESSIONAL DEVELOPMENT “Education is a progressive discovery of our own ignorance.” - Will Durant (1885 - 1981) Introduction The role of the Crown Attorney is crucial to the administration of criminal justice. It has become much more challenging in recent years due to the introduction of the Charter, changes in legislation, and social policy considerations. The complexity of cases has increased tremendously, due to the constitutional dimension, the increasing seriousness of crimes and sophistication of criminals. The behavior of Crown Attorneys has come under scrutiny and criticism especially in too many tragic cases of wrongful convictions.1 Statement of Policy Training, mentoring and other forms of professional development are essential to prepare all Crown Attorneys to respond effectively to these demands, and for the Criminal Division Department of Justice in Newfoundland and Labrador to foster a culture of individual excellence. Senior Crown Attorneys, as managers and mentors, must also be educated on a continuing basis so that a healthy, respectful and professional workplace will be maintained where individual prosecutors may achieve the highest standards. Discussion The need for training has been highlighted in recent years by several high- profile examples of wrongful conviction across the country. In the Report of the Commission on Proceedings Involving Guy Paul Morin, the Honourable Fred Kaufman, C.M., Q.C., made numerous recommendations concerning the necessity of providing training for Crown counsel to minimize the risk that wrongful convictions will occur2. Similarly, the FPT Heads of Prosecution Committee’s Report of the Working Group on the Prevention of Miscarriages of Justice stressed the importance of training in instilling a workplace culture that encourages Crown counsel to be open to alternative theories of the case to avoid the development of “tunnel vision.”3 The October 1, 2007 24 - 1 Report urged prosecution services to educate Crown counsel on the causes and prevention of wrongful convictions and thus promote a stronger, fairer justice system. In June of 2006 former Chief Justice of Canada The Right Honourable Antonio Lamer P.C., C.C., C.D., L.L.D., D.U. released the report of an inquiry into three prosecutions which led to injustices in Newfoundland and Labrador.4 Among the many recommendations was the call for continuing education and the requirement that the DPP strive to establish and maintain a Crown culture that is sensitive to the opportunities to avoid injustice as well as to obtain convictions. In this endeavour, appropriate and continuing training and education are indispensable components. The Attorney General is committed to education, training and professional development for all Crown Attorneys and those who support them. The policies and practices established in this Guide Book reflect this approach. 1 See three notable Inquires in Canada; Lamer Report (2006) Office of the Queen’s Printer NL; Commission of Proceedings Involving Guy Paul Morin. Toronto: Queen's Printer, 1998, (The "Kaufman Report."); The Inquiry Regarding Thomas Sophonow (2001) referred to as the Sophonow Report, Commissioner Hon. Peter deC. Cory. 2 Ontario: Queen's Printer, 1998, vol.2, pp. 1134-1138. 3 See Chapter 4 of the Report. 4 Lamer Report (2006), Office of the Queen’s Printer NL. October 1, 2007 24 - 2 .
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