Ember’s Story:
An Assault Scenario
Scenario
Ember is an 8-year-old Indigenous girl who usually gets along well with other students. One day at recess, Ember and another student, Lily, both ran toward the same swing. They began to argue about who got there first.
Ember became very upset. In the heat of the moment, she pushed Lily hard. While Lily was on the ground, Ember kicked her. Lily fell, scraped her arm, and began to cry.
A teacher on duty saw what happened and quickly came over. Lily was taken to the office to get a bandage for her arm.
The incident was reported, and Ember has now been charged with assault.
The Crown will argue that Ember’s actions caused harm to Lily and broke the law. The Defence will argue that Ember lost her temper in the moment, did not plan to hurt Lily, and is usually a well-behaved student.
Roles in the Courtroom
Ember – The student accused of assault.
Ember’s Defence Lawyer(s) – The defence lawyer’s job is to tell Ember’s side of the story in the courtroom. Multiple people can be in this role.
Crown Lawyer(s) – The Crown lawyer works for the community and the government. Their job is to try to prove that the accused person did break the law. Multiple people can be in this role.
Lily the Victim (Crown Witness) – The person who was allegedly assaulted by Ember.
M. Grey Teacher on Recess Duty (Crown Witness) – Was supervising the playground when the incident happened.
Ava Ember’s Friend (Defence Witness) – Who has been friends with Ember for a long time.
M. Redsky Teacher (Defence Witness) – Ember’s parent.
Court Clerk - The court clerk is the judge’s helper. They say “All rise” when the judge comes in and swear in all the wtinesses.
Jury - The jury is a group of regular people from the community. They sit together in court and listen carefully to the trial. Multiple roles.
Courtroom Artist(s) - A courtroom artist is someone who draws pictures of what happens in court because cameras are not allowed in Canadian courtrooms. The artist helps people see what it looked like by sketching the judge, lawyers, witnesses, and the accused.
The Public - The public means regular people who come to watch a trial. They might be family, friends, reporters, or anyone interested. The public does not talk or take part in the trial. Their job is to listen quietly and respectfully. Having the public watch helps make sure the trial is open and fair. Anyone without an assigned role.
The Evidence
Below is all the Evidence or the “Disclosure” in your Mock Trial Scenario.
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Lily and I both wanted the swing.
I thought I got there first, but she kept saying it was hers.
I got really mad and pushed her. Then I kicked her when she was on the ground.
I didn’t mean to really hurt her. I was just angry.
I feel bad now and wish I didn’t do it.
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At recess I ran to the swing at the same time as Ember.
We argued about who was first.
Ember pushed me really hard and I fell down.
She kicked me when I was on the ground.
My arm got scraped and I cried. I had to go to the office for a bandage.
It made me scared to play with Ember.
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I was supervising the playground when I heard yelling near the swings.
I saw Ember push Lily, and Lily fell to the ground.
I then saw Ember kick Lily once while she was down.
I immediately went over and stopped it.
Lily had a scrape and was crying, so I took her to the office.
Ember was upset and quiet afterward.
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Ember usually plays nice with everyone.
I’ve never seen her hurt someone like that before.
She really loves the swings and sometimes gets upset when she can’t use them.
After it happened, Ember told me she was sorry and didn’t mean to hurt Lily so badly.
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At home, Ember is usually gentle and kind.
She has never been in trouble for fighting before.
I think she lost her temper in the moment but didn’t mean to cause real harm.
Ember told me she feels guilty and knows what she did was wrong.
She is learning how to handle her anger better.
