The Criminal Appellate Advocacy Development Program: In Honour of the Honourable Marc Rosenberg

An Opportunity for Junior Counsel to Obtain Mentorship, Guidance and Experience in the Court of Appeal for Ontario

GUIDELINES and INFORMATION ABOUT THE PROGRAM

1. Purpose of the Program

The purpose of the Criminal Appellate Advocacy Development Program, created and named in honour of the Honourable Marc Rosenberg (also referred to as the Rosenberg Mentorship Moot), is to provide a warm, welcoming and inclusive criminal appellate oral mooting opportunity. Through this program, we aim to support the development and the retention of junior litigation counsel in the criminal appellate bar, and we encourage participation by junior counsel who are reflective of the diversity of the province.  

An additional objective of the program is to strengthen professional connections, collaboration and collegiality between established members of the criminal bar –  both defence and Crown – with each other and with junior members of the criminal appellate bar.

2. Name of the Program

The program is inspired by and named in honour of the Honourable Marc Rosenberg, who passed away in 2015. Justice Rosenberg was a judge on the Court of Appeal for Ontario  from 1995 to 2015. Prior to his appointment to the bench, Justice Rosenberg was one of Canada’s finest criminal appellate lawyers. As a judge, he demonstrated legal brilliance, a commitment to civility, a passion for justice and a devotion to teaching. At the Court of Appeal, he helped to create the duty counsel program for inmate appeals as well as the amicus curiae program for individuals found not criminally responsible on account of mental disorder. Put simply, Justice Rosenberg was an exemplary jurist. With this program aimed at the development of junior members of the criminal appellate bar, we hope to honour his memory and carry on his example of mentorship, kindness and collegiality. 

3. Participants

Junior counsel, defined as practicing law for seven years or less, will be invited to participate as mooters.  Invitations will be distributed through the relevant defence and Crown listservs.  

Priority will be given to counsel who may miss the opportunity to participate in future years based on the year-of-call cut-off. (In future years, priority will also be given to those who have not previously participated in the moot.) Additional consideration will be given to ensuring that the full complement of mooters chosen each year is reflective of the diversity of the province. To this end, we will strive to encourage applications from members of the bar who self-identify as members of an equity-seeking group or groups.

Mooters will be placed into teams of two and assigned to make submissions as either the Appellant or the Respondent.  Mooters will be chosen individually and paired up by the organizing committee.  Except in exceptional circumstances, mooters will not be able to request a particular position to argue or a particular partner.  

4. The Organizing Committee

The Court of Appeal for Ontario hosts this moot.  The Associate Chief Justice is a member of the organizing committee along with Anna Trbovich, counsel with the Court of Appeal, Anita Szigeti, defence counsel, and Dena Bonnet, Crown counsel.

The organizing committee will be responsible for choosing a moot problem, developing the schedule for the event(s), retaining mentors for the program and organizing the sub-committee.  The sub-committee, made up of representatives from relevant criminal law organizations, will assist in choosing the mooters and in advertising and supporting the event on an annual basis.

The organizing committee will invite one person to join the sub-committee from the following organizations: Crown Law Office-Criminal, Public Prosecution Service of Canada, Round Table of Diversity Associations, Law and Mental Disorder Association, Women in Canadian Criminal Defence, Pro Bono Inmate Appeal Program, and the Criminal Lawyers’ Association Recent Call Committee.  

5. Moot Procedure

The moot will consist of one opportunity to present a twenty-minute oral argument in person in front of judges at Osgoode Hall.  At least one panel will hear the moot problem in French. Meaningful feedback will be provided by the panel immediately after each moot.  

While in-person participation is encouraged, virtual participation will be available for exceptional circumstances.  

6. Format of the Moot

The moot aims to replicate a standard criminal appeal at the Court of Appeal for Ontario; this includes robing conventions.  Mooters should review the Court of Appeal’s website, in particular the “Tips for Appearances” page, for further guidance.  Mentors should also discuss with the mooters appropriate courtroom procedure and etiquette.

Unlike law school moots, there will not be a time-keeper monitoring submissions. There will also be no ranking system or winners announced.  Finally, in line with the purpose and objectives of the moot, there will be no fee or remuneration for participation, either for mooters or mentors.  

7. Program Expectations

Each pair of mooters is assigned one or two mentors.  Moot teams are expected to meet at least twice leading up to the moot.  With two mentors per team, it is not expected that both mentors will be in attendance for each moot practice; however, every mooter must attend every practice. 

8. Expectations for Mentors

Mentors should consider this program as an opportunity to provide insight and guidance for appearing at the Court of Appeal.  Topics of discussion with a mooter may include: how to structure your oral argument, how to answer judges’ questions, how to anticipate/respond to counter-arguments, how to recover gracefully, and how to conclude effectively.

9. Expectations for Mooters

Mooters are expected to prepare as they would for court in “real life”, including reviewing authorities, becoming fully familiar with both sides of the moot problem, and being prepared to answer questions on their feet. Additionally, this moot is a development opportunity for junior counsel. Mooters are encouraged to use the moot to test new oral advocacy tools and may also wish to consider this as an opportunity to argue in their non-dominant official language.