Mock Trial----Scenario May 2007

Crown V Louis Riel -July 1885-

Background to the Trial When Louis Riel returned to the Red River Settlement in the autumn of 1869 he was a well-educated world traveller. Upon his return he emerged as an impassioned leader of the Metis taking up the cause to bring them rights to their land and a voice to negotiate terms with the Canadian Government. Toward the end of the resistance movement Louis Riel made a controversial decision to have a vehemently racist Orangemen by the name of Thomas Scott executed. This decision would have a lasting impact on Riel and Anglophone- Metis relations. Despite the formation of a new province and what seemed like a Metis victory Riel was forced to flee Canada where he would spend time travelling the North Eastern United States before settling in Montana as a school teacher.

15 years later in 1885 Gabriel Dumont lead a Metis Delegation to Montana to ask Louis Riel to return to Canada a once again take up the Metis cause. Intent on a peaceful resolution to the troubles facing the Metis Riel once again set up a provisional government and drew up a list of Metis rights. His hopes of peaceful negotiations with the Canadian Government were again ignored and Riel recognized the need to raise arms against the Canadians. All hopes of Metis equal rights were dashed with the Canadian Militia’s victory at Batoche and Riel’s surrender to General Middleton.

The original trial of Louis Riel in 1885 is arguably the most famous trial in Canadian History. The trial, which took place in July of 1885, lasted only five days and resulted in a guilty verdict. Riel was subsequently executed by hanging, and outcome which has had a lasting impact on French-English relations in Canada. The guilty verdict in the Riel case was seen by many people as a miscarriage of justice. As a result, our class will be conducting a mock re-trial of Louis Riel to see if our class reaches the same conclusion that the jurors reached in 1885, or whether we feel that Riel was wrongly convicted of treason. For the re-trial lawyers will have access to witnesses not available during the original trial. Each student in the class will have a role to play in the mock re-trial and will be expected to research their role thoroughly! Defense Witness Notes In order to take on your role as one of the Defense Witnesses as you must thoroughly research their background. These are all real people, the first three of which were actually witnesses in the Louis Riel Trial. This is important because during our Re-Trial when you are asked a question by the Crown/Defense Council you must answer it as the WITNESS would have answered the question. In order to properly do this you should research what their relationship with Louis Riel was, what is their background, what did they say during the Actual Trial of Riel.

DEFENCE WITNESS #1:Francis Roy of the Beauport Assylum.

DEFENCE WITNESS #2:Dr Daniel Clark of the Toronto Lunatic Assylum

DEFENCE WITNESS #3:Priest Alexis Andre

DEFENCE WITNESS #4:Gabriel Dumont

DEFENCE WITNESS #5:Mistahi-maskwa (Big Bear)

DEFENCE WITNESS #6:Pitikwahanapiwiyin (Poundmaker)

DEFENCE WITNESS #7:Isapo-Muxika (Crowfoot)

Witness Evaluation

Part of your mark for this project will come from your research notes. You may wish to create a folder to keep track of your research. You will also create a “Character Profile” for your persona i.e. Birthday, Where they grew up, Education, Beliefs, Role in the NW Rebellion, What they said in the actual trial, General Background Information and Anecdotes

You will also be evaluated on your performance during the trial i.e. Your ability to answer questions in the role that you have taken on There will also be a reflection after the trial where you reflect on the trial.

Crown Witness Notes

In order to take on your role as one of the Crown Witnesses you must thoroughly research their background. These are real people who were actually witnesses in the Louis Riel Trial. This is important because during our Re-Trial when you are asked a question by the Crown/Defense Council you must answer it as the WITNESS would have answered the question. In order to properly do this you should research what their relationship with Louis Riel was, what is their background, what did they say during the Actual Trial of Riel.

CROWN WITNESS #1:General Fredrick Middleton

CROWN WITNESS #2:Dr John Willoughby

CROWN WITNESS #3:Thomas Mackay

CROWN WITNESS #4:John A Macdonald (Possible)

Crown Witness #5:Dr John Schultz (Possible)

Witness Evaluation

Part of your mark for this project will come from your research notes. You may wish to create a folder to keep track of your research. You will also create a “Character Profile” for your persona i.e. Birthday, Where they grew up, Education, Beliefs, Role in the NW Rebellion, What they said in the actual trial, Background Information and Anecdotes.

You will also be evaluated on your performance during the trial i.e. Your ability to answer questions in the role that you have taken on

There will also be a reflection after the trial where you reflect on the trial. Defence Council Notes YOU WANT A VERDICT OF NOT GUILTY or A VERDICT OF INSANITY.

We are creating a Mock Re-Trial and so you do not have to simply repeat what Louis Riel’s actual council did. We know how that turned out for Louis Riel so you may wish to try and prove that Louis Riel is Not Guilty of High Treason against the Crown.

Your first step will be to come to an agreement amongst yourselves and the Defendant (Louis Riel) as to what verdict you wish to prove.

As the Defense Council you should also work closely with the Defense witnesses so they know what you are trying to prove. This is important because you will be asking them question and you want them to support your case.

Be sure you are very clear on the definition of High Treason & Insanity depending on what you are trying to prove.

***Be sure you use evidence and exhibits (props, pictures, charts, notes, letters, journal entries) that help make your case is VERY clear to the jury***

***Any Confusion that the cause the Jury to have will help your side in the trial***

Defense Council #1: Chief Council Charles Fitzpatrick

Defense Council #2: Francois-Xavier Lemieux

Defense Council #3: James Naismith Greenshields Crown Council Notes YOU WANT A VERDICT OF GUILTY OF HIGH TREASON AGAINST THE CROWN

We are creating a Mock Re-Trial however as the Crown Council you are still trying to prove that Louis Riel is guilty of High Treason.

As the Crown Council you should work closely with the Crown Witnesses so they know what you are trying to prove. This is important because you will be asking them question during the trial and you want them to support your case.

Remember this is your trial to win, but you have to be clear about your arguments, the answers your witnesses give and evidence because any confusion plays into the Defense Councils hands and may cause the Jury to give a verdict of not Guilty.

Be sure you are very clear on the definition of High Treason

***Be sure you use evidence and exhibits (props, pictures, charts, notes, letters, journal entries) that help make your case is VERY clear to the jury***

MAKE YOUR CASE CLEAR TO THE JURY! GO SLOWLY, BE CALM, SPEAK CLEARLY. IF YOU CONFUSE THE JURY IT WORKS AGAINST YOU AND HELPS THE DEFENCE.

It is harder for you. You have to go on the first day and only have time to make adjustments once your witnesses are finished. Be thorough.

Crown Council #1: Senior Council Christopher Robinson

Crown Council #2: Britton Bath Osler

Crown Council #3: George Burbridge Council Teams FOR YOUR EYES ONLY!!!

There is enough evidence for each side to get the verdict you desire. The defendant is Guilty of High Treason for The Crown, Not Guilty of High Treason/Insane for Defense.

INCREDIBLY IMPORTANT TIPS!

The biggest problem for lawyers is speaking too fast

I’m sure it will seem clear to you, but you must remember that NO-ONE on the jury has any idea of what is going on. They haven’t seen the evidence. You MUST repeat important info, speak slowly for them, paraphrase anything complicated, and get witnesses to say things again if it is important to your case.

Especially for the CROWN! You must draw out EVERY little detail from your witnesses. The Defence won’t care if the jury is confused, that will only lead to a verdict in the Defence’s favour.

I can’t stress this enough. Lawyers will likely say, “we’re ready; we’ll speak slowly” etc. However there is a lot of pressure on you; anxiety & nerves kick in. This always seems to speed up voices, questions, witnesses etc. Remember, if you have a witness that is nervous, it is your job to calm him/her down and make sure they speak slowly.

Other important fact: Remember how people learn new information best. The more ways you can show something to someone, the better they will remember it. If you are referring to a letter, have it ready to show. If using a picture, put it on the overhead. If using a diagram, draw it. Write down important facts to review so the jury can see them and hear you say them out loud.

Move around when you speak. Call each other: My colleague, My friend. Call the judge Your Honor or Madame. You will do a great job & have fun!

SUGGESTED PHYSICAL EVIDENCE TO CREATE

The letter from Louis Riel to Chief Poundmaker asking Poundmaker to “attack Fort Battleford”.

The Letter from Louis Riel to Major Crozier demanding he “surrender or face a war of extermination”

Report from Dr Willoughby showing that Louis Riel is sane Defense

If proving he is Not Guilty of High Treason

A List of the Metis Rights created by Louis Riel

Is there anything that can prove Louis Riel wanted a peaceful solution?

If Proving his Insanity

An Official Report by Francis Roy outlining Louis Riel’s Insanity

An Official Report by Dr Daniel Clarke outlining Louis Riel’s Insanity

*** These are only suggestions to help you begin putting together your cases, while doing research you will come across other evidence that can be used in Court***

Crown V Louis Riel

Created by xx SUPREME COURT OF CLAREMONT November 2013 MEMBERS OF THE COURT

SS 10---Block: Date: Judge Hugh Richardson: Defendant Louis Riel: Court Sheriffs 1) 2) Court Clerk 1) Council Defence 1) Chief Council Charles Fitzpatrick: 2) Francois-Xavier Lemieux: 3) James Naismith Greenshields:

Crown 1)Senior Council Christopher Robinson: 2) Britton Bath Osler: 3) George Burbridge: Crown Witness 1) General Fredrick Middleton: 2) Dr. John Willoughby: 3) Thomas Mackay: 4) Thomas Jackson: Defence Witness 1) Dr Francis Roy of the Beauport Assylum: 2) Dr Daniel Clark of the Toronto Lunatic Assylum: 3) Priest Alexis Andre: 4) Gabriel Dumont: 5) Mistahi-maskwa (Big Bear): 6) Pitikwahanapiwiyin (Poundmaker): 7) Isapo-Muxika (Crowfoot):

Jury 1) Foreman Francis Cosgrave of Whitewood: 2) Edwin J. Brooks of Indian Head: 3) Henry J. Painter of Broadview: 4) Walter Merryfield of Whitewood: 5) Peel Deane of Broadview: 6) Edwin Eratt of Moosejaw: Reporters 1) 2)

COSTUMES CAN ALWAYS HELP YOU GET INTO CHARACTER !

- Does your character have facial hair? - Would a wig make you take on the character? - What style of dress did they have?

 TRY AND MAKE IT AUTHENTIC  TRIAL PROCEDURE

1. Sheriff brings in the accused.

2. Sheriff brings in jurors.

3. Sheriff calls “All rise.” Judge enters the courtroom. Everyone is seated at the judge’s request

4. Clerk reads the indictment and takes the plea of the accused.

5. Opening arguments----Crown 1st , then Defence 2nd.

6. Crown Witnesses (Procedure)

a) Crown calls all witnesses and questions each of them b) Cross-examination: Defense questions Crown witnesses c) Re-direct: Crown may clarify an issue with their witness. (Re-direct must relate to a question asked by the defense, NO NEW INFORMATION!

7. Defence witnesses (Procedure) ***Follows same procedure as the Crown witnesses***

8. Closing arguments. Crown closes 1st, Defense closes 2nd.

9. Judge “charges” jury.

10. Jury deliberates

11. Judge receives Jury’s verdict and delivers sentence.

12. Jury Foreman explains to the courtroom why they ruled the way they did. Evaluation & Expectations

Judge:

 Trial Prep. Read notes, clearly understand what has occurred. Understand specific legal terms. (Consider situations when you may overrule or sustain objections. Talk with the clerk, Sheriff, lawyers)  Write your “Charge to the jury”  Reflection (paragraph). Analyse your role in the trial. How did you do? Why? What could you have done better etc?  Character Profile (Birth, Education, Past Life, Background of Character)  Maintain order in the courtroom!

Defendant:

 Trial Prep  Reflection Paragraph. Analyse your role in the trial? How did you do? Could you have done better?  Character Profile  Towards the end of the trial you will get to make your own statement, depending on what your council is trying to prove you may agree or disagree with them.  Have your statement prepared and memorized.

Lawyers

 Trial Prep. Strategy prepared. Questioning of witnesses divided between each lawyer. Ideas for cross examination, legal terminology memorized, questions for witnesses prepared.  Reflection (paragraph). Analyse your role in the trial. How did you do? Why? What could you have done better?  Character Profile (Birth, Education, Background of Character) Witnesses

 Trial Prep---Memorize character info.  Character Profile (Past life, schooling, Friends etc.) friends, etc. You must become this character for it to seem real. You are that person.  Meet with other witnesses and clarify any info to which you may testify.  Reflection (paragraph). Analyse your role in the trial. How did you do? Why? What could you have done better etc?

Clerk/Sheriff/

 Trial Prep.----Memorize trial procedure and the statements you must make.  Create exhibits/evidence for the trial. See lawyers for anything extra. These must be as authentic as you can make them. i.e. Handwritten, Old looking  Notes during the trial---what is significant. What went well, not so well? What else did you notice?  TRIAL SETUP!! (BEFORE SCHOOL)

Jurors

 Create exhibits/evidence for the trial. See lawyers for anything extra. These must be as authentic as you can make them. i.e. Handwritten, Old looking  Notes during the trial. As a juror, you must be prepared to deliver a verdict. Any info that you feel is significant to the trial should be taken down in note form while you are listening to statements and testimony. Anything you notice about witnesses, evidence, may be important in determining a verdict. You should write down the name of all witnesses regardless of whether you take notes on their testimony or not.  Deliberate in front of the class, vote outside of the class, and be prepared to defend your verdict.  Character Profile (Background, Education, Life, Friends etc.)  TRIAL SETUP!! Each day BEFORE SCHOOL

Reporters

 Create exhibits/evidence for the trial. See lawyers for anything extra. These must be as authentic as you can make them. i.e. Handwritten, Old looking  Notes during the trial---what is significant. What went well, not so well? What else did you notice?  (You may want to film it to create your daily reports). Anything that happens during the trial that you think is important and the “public” should know about it.  TRIAL SETUP!! Each day BEFORE SCHOOL  LET’S HAVE FUN WITH THIS 

Courtroom Sheriffs FOR YOUR EYES ONLY!!!

You may divide the jobs up however you wish….but basically there is a front room sheriff and a back of the court sheriff.

Front: . Handles evidence (Take from Clerk and pass to jury. Pick up from Jury when they’re done and give back to clerk) . Set up any exhibits the lawyers need . Escort witnesses to and from the stand . Be sure they are speaking loud enough. If they aren’t it is your job to quietly go up and ask them to . Bring in the jury… Call “All rise” then go get the judge.

Back: . Help with Exhibit set Up . Escort the accused in handcuffs…remove cuffs . Take witnesses halfway up to the stand . Crowd control! No hats, no talking, no cell phones (shouldn’t be a problem since they don’t exist yet)

Evaluation:

Maintain order in the courtroom. Remember your evaluation & expectations; you are going to want to pay attention to what everyone is saying because these are important to your notes which you will be handing in after we are done the trial.

You will also complete a 1-page essay.

There will also be a reflection after the trial where you reflect on the trial.

Members of the Media FOR YOUR EYES ONLY!!!

During each day of the trial you must take notes on what is happening. You will then write a column for the a newspaper as it would be seen the next day. Your column should recap the previous day’s events.

Because there are two Reporters you may choose to write the story from a pro or anti Louis Riel angle. You can also conduct interviews with some of the characters after, or before the trial if your peers are willing to answer the questions in character.

Evaluation:

You will hand in a Newspaper Column for each trial day that covers important moments during the trial. A minimum of 1 Newspaper Column.

In your column you should include a description of the Defendant, Jurors, Council & Judge. Remember this is a time before video cameras so you are trying to capture the atmosphere of the room as much as you are capturing the information in the room.

Your columns should look authentic so during your research week find examples from “The Globe” during the mid-1800s and use them as a guide. Make sure you hand in all your notes from the research week and during the trial, these will be part of your evaluation.

You will also write a 1-Page essay.

There will also be a reflection on the trial handed in after the trial is completed. YOU WILL WANT TO CREATE NAMES FOR YOURSELVES REPORTER ROLES, THIS WILL HELP YOU GET INTO CHARACTER.

LETS TRY AN MAKE THEM AUTHENTIC!

The Judge FOR YOUR EYES ONLY!!!

It is important to remember that this is your courtroom and as such part of your job while the trial is happening is for you to maintain order in the courtroom.

It will be important for you to know the Courtroom/Legal Terminology as well as the order of events that happen in the courtroom.

You should have an understanding of when you can overrule, sustain, talk to the Sheriffs, Court Clerk and Lawyers.

Take charge of the courtroom and remember we all want this to succeed and we are here to support you!

Evaluation

You will be responsible for creating a character profile of your character i.e. Birthday, Where they grew up, Education, Beliefs, Role in the NW Rebellion, What they said in the actual trial, Background Information and Anecdotes.

While doing your research make sure to keep track of all your notes, these will be handed in as part of your evaluation.

There will also be a reflection on the trial after it is completed. You will also hand in your “charge” to the jury.

Part of your evaluation will also come from how well you take on your role during the trial.

The Defendant: Louis Riel FOR YOUR EYES ONLY!!!

The role of Louis Riel is crucial to this trial and as such you have an important role.

At the beginning your role may seem boring, you may spend most of your time sitting and not speaking unless the Crown or Defence council chooses to call you to the stand.

However in the trial Louis Riel delivered an impassioned speech to the courtroom and so it will be important for you to look this speech over. (It’s a long one).

Expectations:

You will be responsible for creating a character profile of your character i.e. Birthday, Where they grew up, Education, Beliefs, Role in the NW Rebellion, What they said in the actual trial, Background Information and Anecdotes.

While doing your research make sure to keep track of all your notes, these will be handed in as part of your evaluation.

You will also be responsible for delivering a speech to the courtroom. Model this on Louis Riel’s actual speech (What was the message of his speech, what is important etc.)

There will also be a reflection on the trial after it is completed. Courtroom Terminology to Understand

Rule of Law Burden of Proof

“Beyond a Reasonable Doubt” Accused Acquit

Guilty Hung Jury

Affirmation Charge

Admissible Evidence Circumstantial Evidence

Counsel (Crown and Defence) Criminal Code

Crown Rule of Precedence

Leading Questions Objections

Testimony Direct Examination

Cross Examination Re-Direct

Insanity Defence Conjecture Members of the Jury, Sheriffs, Reporters & Clerk FOR YOUR EYES ONLY

Due to the lack of information on the people that you will be playing during the trial you will do something different from a character profile.

Instead of a character profile I want you to write a 1 page paper answer the following question:

Could Prime Minister John A. Macdonald be found guilty of incitement?

 Come up with 3 reasons why John A. Macdonald could be found guilty of this.  Support these reasons with factual information  Include 1 quote  Use 3 sources

This will be done instead of creating a character profile.

Each member of the Jury, the Clerk and the Sherrifs will also be responsible for coming up with 10 questions that they would like to ask the witnesses & defendant. During the trial they will highlight questions they had that were not answered in the trial and answer any questions that can be answered.

The Reporters will be responsible for creating 3 Newspapers, including pictures. (Check out “The Globe” in the 1880s for an idea of how to make this authentic)

You will also be responsible for defining the Legal Terms and understanding the courtroom procedure.

-The Courtroom procedure will be important for The Clerk & Sheriffs (Who handles evidence, exhibits, what is your role during the trial)

Evaluation Criteria Total Marks /60

1 (20) Marks Character Profile/Essay/Newspaper - Character Profile  Covers Background Information, Education, Where they are from, Beliefs (Spiritual, about Metis, Canadian Government etc.)  In depth information included, anecdotes.

2) 20 Marks In Class Re-Trial (Everyone) - Re Trial  Ability to respond to questions in character  Ability to ask questions in character  Understands courtroom procedure & your role in the courtroom procedure  In character for duration (i.e. actively engaged in what peers are saying)  Jury, Reporters, Clerk & Sheriffs taking notes

3) 10 Marks Re-Trial Reflection (Everyone) - Reflection  Reflect on your role in the trial: How did you do? What went well? What could be improved?  Reflection on the Re-Trial: Do you agree with the outcome? Do you sympathize with Riel? Yes or No? Was it fair?

4) 10 Marks Research Notes (Everyone) - Notes  Comprehensive Notes  Consulted a variety of sources  Organized & Legible  Shows understanding of subject  Courtroom Terms Defined