1. You are representing your client in a summary conviction criminal case. Your client is charged with possession of a small quantity of cocaine for personal use and the Crown has elected to proceed summarily.

The Crown calls their first witness, Constable Dave Johnston of the Ottawa Police, who arrested and charged your client. After qualifying the officer notes, the Crown wants the officer to explain how they identified your client and asks the following questions:

a. Based on your notes, you were very familiar with the accused's vehicle on the night in question?

b. That vehicle being a black Cadillac Escalade, golden rims, tinted windows, and custom license plate "HUSTLER"?

c. When you saw that vehicle, it was not too dark outside and you have spotted it right away?

Can you object to these questions? Identify all possible bases on which you can object to each of these questions.

2. The trial from the previous question has ended and your client has been found guilty of possession of cocaine for personal use. The matter progressed into a sentencing stage.

Based on case law, the appropriate sentence for this offense, committed in similar circumstances, ranges from probation to 6 months in custody.

The following facts are not in dispute. Your client is 25 years of age, male. This is his third conviction for a drug-related offense in the past three years. The two previous convictions are for possession of marijuana, which is now legalized. The subject offense was committed when your client was severely addicted to cocaine.

He is now taking active steps to address this addiction by participating in counseling and things are getting better. He managed to find a steady, full-time job at McDonald's where he has been working for the past four months. He is a single parent and has sole custody of a 4-year-old daughter.

During the night of the offense, your client's plan was to inject the cocaine with a needle at one of the local playgrounds and to discard the needle there.

Take a position on sentence and draft sentencing submissions based on these facts

3. Your client has been convicted of driving with a suspended license, contrary to s 53(1) of the HTA. The Justice of the Peace sentenced them to a fine of $5000.

(a) What is the amount of the victim's fine surcharge that your client must pay?

(b) In your view, has the government made an appropriate policy choice by making victim fine surcharges mandatory?