Minimum Experience Requirements for Extremely Serious Criminal Matters (ESM)

Definition:
Extremely Serious Criminal Matters are defined as youth or adult trials, appeals or extraditions of:

  • All murder charges
  • All dangerous offender applications
  • All charges with a mandatory minimum penitentiary sentence of four years or more
  • Charges contained in Criminal Code sections 83.2 to 83.22 related to terrorism.

See list of ESM offences in Appendix A.

ESM standards

The following are Legal Aid Ontario’s (LAO) mandatory requirements to provide legal aid services on Extremely Serious Criminal Matters:

  1. To be authorized to provide legal aid services on Extremely Serious Criminal Matters, a lawyer shall be authorized to provide criminal legal aid services and:

    1. have a minimum of 5 years of 100 per cent criminal practice concentration or the equivalent, and
    2. within the last 5 years have:
      1. conducted 100 days of contested trials or contested preliminary inquiries;
      2. acted as counsel, co‑counsel or junior counsel on at least one jury trial;
      3. conducted a minimum of 5 voir dires with issues of similar fact, statements, hearsay and/or expert evidence; and
      4. conducted a minimum of 5 contested Charter applications (disclosure, search and seizure, detention or arrest, right to counsel, 11(b), abuse of process).

Note: An applicant who has been certified as a specialist in criminal law by the Law Society of Ontario shall be deemed to meet the above standard.

Director general’s discretion

The Extremely Serious Criminal Matters standards shall apply across the province. The director general shall have the discretion to authorize a lawyer who may not fully meet the standards to provide legal aid services on a conditional basis, if the director general deems the lawyer to have the necessary skills and experience. In the interest of ensuring quality service, a director general shall have the discretion to require such an applicant to enhance his/her knowledge through professional development and/or being mentored, as deemed appropriate.

Authorization of junior counsel on Extremely Serious Criminal Matters

LAO may authorize junior counsel on Extremely Serious Criminal Matters, where deemed appropriate by the director general, in the interest of ensuring an adequate supply of qualified Extremely Serious Criminal Matters lawyers to meet current and future needs.

If the client’s counsel of choice does not meet the Extremely Serious Criminal Matters requirements, the client’s counsel of choice may be authorized to junior with a lawyer who is authorized to provide legal aid services on Extremely Serious Criminal Matters, as deemed appropriate.

Authorization to provide legal aid services on Extremeley Serious Criminal Matters

Legal Aid Ontario expectations for Extremely Serious Criminal Matters lawyers

Legal Aid Ontario expects lawyers authorized to provide legal aid services on Extremely Serious Criminal Matters to possess the following abilities:

  • Develop a research plan and analyze the research
  • Develop an appropriate theory
  • Develop strategy
  • Negotiate a plea
  • Negotiate sentence

The ability to conduct:

  • Pretrial motions and voir dires
  • Charter voir dires and charter exclusions
  • Motions related to form and substance of informations and indictments
  • Examination, cross-examination and re-examination of witnesses, including expert witnesses, child witnesses and hostile witnesses
  • The tendering and challenging of documentary evidence
  • Adjournment of trial
  • Motion for directed verdict
  • Submissions on fact and law
  • Opening and closing addresses
  • Reopening the case
  • Jury selection including challenges for cause and peremptory challenges
  • In a jury trial: pre-charge conference, responding to jury questions, and objecting to the charge
  • Contested sentencing hearings

Appendix A

Extremely Serious Criminal Matters offences

Criminal Code Section

Offence

235 Murder
465(1)(a) Conspiracy to Murder
220(a) Criminal Negligence Causing Death (Firearm)
236(a) Manslaughter (Firearm)
239(a) Attempt Murder (Firearm)
244 Causing Bodily Harm with Intent (Firearm)
272(2)(a) Sexual Assault (Firearm)
273(2)(a) Aggravated Sexual Assault (Firearm)
279(1.1)(a) Kidnapping (Firearm)
279.1(2)(a) Hostage-taking (Firearm)
344(a) Robbery (Firearm)
346(1.1) Extortion (Firearm)
83.2 Commission of Offence for Terrorist Group
83.21 Instruct to Carry out Activity for Terrorist Group
83.22 Instruct to Carry out Terrorist Activity

Forms