Legal Successes

Client charged with s. 320.14(1)(a) CC Impaired Operation of a Conveyance and s. 320.14(1)(b) CC Operation While Impaired – BAC Exceeding 80 mg. At trial, counsel demonstrated that contrary to the investigating officers’ testimonies, the police had entered the client’s home without there being a medical emergency, and that there was no other basis for their entry. Counsel also established that the client was funneled towards duty counsel, as the police were not reasonably diligent in facilitating a call to the client’s counsel of choice. Based on the ss. 8, 9, and 10(b) Charter breaches, all evidence acquired after the breach of the client’s residence were excluded from trial, and the client was acquitted of all charges.

2021

Client charged with s. 271 CC Sexual Assault. Client was not a Canadian citizen, and would have lost his Permanent Residency and been deported if convicted. Counsel got the client to undertake upfront counselling and volunteer work and obtained an immigration letter. On the client’s plea, the Crown sought a 1-year custodial sentence. Counsel made submissions which ultimately led to an 18 month conditional sentence, such that the client could preserve his immigration status through appeal.

2021

Client charged with s. 320.14(1)(b) CC Operation While Impaired – BAC Exceeding 80 mg and s. 4(1) CDSA Possession of a Substance Schedule 1: Cocaine. Client was not a Canadian citizen and would face immigration consequences upon conviction. Counsel directed the client to obtain documents such as an Immigration Opinion Letter, and to do upfront Counselling and Volunteer Work. Counsel successfully negotiated with the Crown to have the matter resolved by way of a “Careless Driving” plea. Both the Criminal Code and CDSA charges were withdrawn.

2021

Counsel successfully made an application under s. 117.05 CC for the recovery of a large quantity of guns and ammunition seized from the client. All items requested were returned to the client rather than forfeited to Her Majesty.

2021

Client charged with s. 320.13(2) CC Dangerous Operation Causing Bodily Harm and s. 172(1) HTA Stunt Driving. Counsel obtained an expert’s report setting out that the incident was caused by a mechanical failure in the client’s vehicle’s throttle, consistent with the client’s narrative. The Crown ultimately

2021

Client charged with s. 430(1) CC Mischief Over $5,000. Through review of disclosure, counsel identified issues with respect to client’s identity, as well as sections 8 and 10(b) breaches: shoe imprint evidence was not consistent with the client’s shoes; and rights to counsel were not properly explained when the client expressed that he did not understand them. Through completion of informal diversion, Counsel successfully negotiated with the Crown to have the charge withdrawn at the pre-trial stage.

2021

Client charged with s. 320.14(1)(a) CC Impaired Operation of a Conveyance and s. 320.14(1)(b) Operation While Impaired – BAC Exceeding 80 mg. At trial, counsel established that the arresting officer’s abandonment of the ASD process to directly arrest the client for Impaired Operation of a Conveyance constituted a breach of the client’s s. 9 Charter rights due to a lack of reasonable and probable grounds. Furthermore, counsel established that the police funneled the client to duty counsel; they failed to take reasonable steps to ascertain the number of the name provided to them, and they refused to allow the client to call his mother to obtain that number. Based on the ss. 8, 9, and 10(b) Charter breaches, the presiding Justice excluded the evidence from trial, and the charges were dismissed.

2020

Client charged with s. 4(1) CDSA Possession of a Schedule 1 Substance: Cocaine. Due to ongoing disclosure issues, counsel successfully negotiated with the Crown to have the matter stayed.

2020

Client charged with s. 266 CC Assault and s. 279(2) CC Forcible Confinement. Through extensive review of the disclosure and of the previous communications between the complainant and the client, counsel was able to demonstrate that the allegations were fabricated; in fact, the complainant was never forcibly confined, but had voluntarily made requests to stay over with the client. As such, counsel successfully negotiated with the Crown to have the matter withdrawn at the pre-trial stage.

2020

Client charged with 3 counts of s. 264.1(1)(a) CC Utter Threat to Cause Death or Bodily Harm, 2 counts of s. 264(2) CC Criminal Harassment, and 2 counts of s. 145(5.1) CC Fail to Comply. Through analysis of the disclosure and an investigation into the complainant’s social media, counsel was able to reveal discrepancies between the allegations and evidence, and the demonstrate that the allegations were unfounded. At the pre-trial stage, counsel convinced the Crown that there was no reasonable prospect of conviction, and the matter was resolved by way of a section 810 Peace Bond. All criminal charges were withdrawn at the request of the Crown.

2020

Client charged with s. 5(1) CDSA Trafficking in a Schedule 1 Substance, three counts of s. 5(2) CDSA Possession of a Schedule 1 Substance for the Purpose of Trafficking, and two counts of s. 354(1) CCC Possession of Proceeds of Crime Under $5,000. Counsel obtained a number of documents, including a psychological report and character references. Counsel successfully negotiated with the Crown to have the matter resolve by way of a plea to one count of s. 5(1) CDSA Trafficking Cocaine with a joint submission for 30-day intermittent sentence. The remaining charges were withdrawn by the Crown.

2020

Client charged with s. 266 CC Assault and s. 267 CC Assault with a Weapon. Through completion of a Mental Health Diversion program, counsel successfully negotiated with the Crown to have the matter withdrawn at the pre-trial stage.

2020

Client charged with s. 320.14(1)(b) CC Operation While Impaired – Blood Alcohol Concentration. Through thorough review of disclosure, counsel identified ss. 8 and 10(b) Charter breaches: the arresting officer made a breath demand without smelling alcohol on the client; and the police failed to ask the client if he had counsel of choice at the station. In bringing these triable issues to discussions with the Crown, counsel successfully negotiated for the matter to resolve by way of a “Careless Driving” plea. The Operation While Impaired – Blood Alcohol Concentration charge was thereafter withdrawn.

2020

Client charged with s. 253(1)(b) CC Driving with more than 80 mgs. Upon thorough review of the disclosure, counsel was able to demonstrate that the arresting officer did not completely read the client’s rights to counsel at roadside, and that police were not diligent in facilitating rights to counsel at the station, especially in addressing a language issue. The matter ultimately resolved by way of a “Careless Driving” plea.

2019

Client charged with s. 266 CC Assault and s. 267 CC Assault with a Weapon. Through thorough comparisons of the allegations against the disclosure provided, counsel was able to demonstrate that the complainant suffered no injuries and had fabricated the allegations. At the pre-trial stage, counsel convinced the Crown that there was no reasonable prospect of conviction, and the charges were withdrawn.

2019

Client charged with s. 266 CC Assault. Through analysis of the “Domestic Violence Supplementary Report” and the “Statement of a Civilian Witness”, counsel was able to demonstrate at the pre-trial stage that the Crown did not have a reasonable prospect of conviction. Counsel successfully negotiated with the Crown to have the matter withdrawn.

2019

Client charged with s. 253(1)(b) CC Excess Blood Alcohol and s. 253(1)(a) CC Impaired Operation of a Motor Vehicle. During trial, counsel identified an s. 7 Charter issue arising from incomplete surveillance footage. Due to the need to for a further hearing for the Charter application, the Crown acknowledged s. 11(b) Charter would also become an issue. Counsel successfully negotiated with the Crown to resolve the matter by way of a “Careless Driving” plea, and the charges were withdrawn.

2019

Client charged with s. 253(1)(a) CC Operation While Impaired (drug) and s. 53 HTA Drive Under Suspension. Counsel identified issues in respect of an absence of reasonable and probable grounds for the client’s arrest, and of a lack of the client’s “Care and Control” over the vehicle. Through negotiations with the Crown, the matter was resolved by way of a “Careless Driving” charge at the pre-trial stage.

2019

Client charged with s. 253(1)(b) CC Driving with more than 80 mgs. At trial, counsel demonstrated that the police were not reasonably diligent in facilitating the client’s rights to counsel; the client was denied access to his phone, from which he would have called the personal number of his lawyer of choice, who the police were unsuccessful in reaching. Instead, the client was channeled to duty counsel, and it was found that his s. 10(b) Charter rights were breached. The presiding Justice excluded the evidence from trial, and the charge was dismissed.

2018

Client charged with the possession and importation of illicit materials. Counsel was able to demonstrate significant breaches of the client’s ss. 8 and 10(b) Charter rights, and successfully negotiated with the Crown to have the matter withdrawn at the pre-trial stage.

2018

Client charged with s. 253(1)(b) CC Driving with more than 80 mgs. At trial, counsel demonstrated that the police failed to comply with the “as soon as practicable” requirement in taking the breath samples. The charges were dismissed at trial.

2018

Client charged with s. 380(1)(a) CC Fraud Over $5000; client was alleged to have embezzled money over a period of time from their employer. Counsel obtained character reference letters, and got the client to pay restitution and complete upfront volunteer work. The Crown sought a conditional discharge on the client’s plea. Through counsel’s submissions, the client received an absolute discharge.

2018

Client charged with s. 266 CC Assault. At trial, counsel was able to demonstrate that the offence was not made out based on the testimony of the complainant. The charge was dismissed at the conclusion of the trial and the client was acquitted.

2018

Client charged with s. 253(1)(a) CC Impaired Operation of a Motor Vehicle. Counsel demonstrated at the pre-trial stage that the client did not exhibit signs of impairment, and that the client’s ss. 8, 9, 10(a) and 10(b) Charter rights were violated: the client was not cautioned or provided rights to counsel after a delayed ASD demand. Counsel successfully negotiated with the Crown to resolve the matter by way of a “Careless Driving” plea.

2018

Client charged with s. 253(1)(b) CC “Over 80 while having Care and Control”. At trial, counsel established that the client’s s. 10(b) Charter rights had been violated: police were not reasonably diligent in facilitating a call to the client’s counsel of choice, and instead funneled her to duty counsel. Furthermore, the police prevented the client from being diligent herself in respect of contacting her counsel of choice by withholding information about issues the police were facing in their attempts to make calls to counsel. Based on the breach, Her Honour excluded the client’s breath readings from evidence and the charge was dismissed.

2018

Client charged with 2 counts of s. 271 CC Sexual Assault and one count of s. 266 CC Assault. Despite the fact that the Crown sought a suspended sentence and probation with a SOIRA (Sex Offender Information Registration Act) Order, counsel successfully obtained a “Conditional Discharge” with 18 months’ probation. A weapons prohibition and DNA order was made, but the Judge did not make a SOIRA order.

2018

Client charged with s. 253(1)(a) CC Impaired Operation of a Motor Vehicle and s. 253(1)(b) CC Excess Blood Alcohol. Through review of the disclosure, counsel was able to identify ss. 8, 9, and 10(b) Charter breaches occurring at roadside. On the day prior to trial, the Crown was persuaded to resolve the matter by way of a “Careless Driving” plea. The criminal charges were withdrawn on the day of trial.

2017

Client charged with s. 173(1) CC Indecent Act. Counsel was able to demonstrate that the client suffered from dementia, and thus did not intentionally commit the act in a public place. Counsel successfully negotiated with the Crown to have the matter withdrawn at the pre-trial stage.

2017

Client charged with s. 249(1) CC Dangerous Driving. Through discussions with the Crown, counsel was able to enroll the client in a Mental Health Diversion program. Upon completion, the Crown withdrew the charge.

2017

Client charged with s. 253(1)(a) CC Operation While Impaired (alcohol), s. 253(1)(b) CC Over 80, and s. 4(1) CDSA Possession of a Controlled Substance. At the pre-trial stage, counsel identified three s. 8, one s. 9, and one s. 10(b) Charter breaches. The matter was set for trial, but counsel successfully negotiated with the Crown to resolve the matter by way of a “Careless Driving” plea. All criminal charges were withdrawn.

2017

Client charged with s. 266 CC Assault and s. 145(5.1) CC Breach of Recognizance. Through negotiations with the Crown, counsel was able to resolve the matter by way of a section 810 Peace Bond. Both charges were withdrawn at the pre-trial stage.

2017

Client charged with s. 253(1)(a) CC Impaired Operation of a Motor Vehicle by Drug. Counsel was able to demonstrate there were significant procedural errors in the approach taken by the officers. As such, at the pre-trial stage, counsel convinced the Crown to withdraw the charge on the basis that there was no reasonable prospect of conviction.

2016

Client charged with s. 253(1)(a) CC Impaired Operation of a Motor Vehicle and s. 253(1)(b) CC Excess Blood Alcohol. Counsel demonstrated that the client did not understand his rights to counsel at roadside, and again in the breath room after speaking to duty counsel. As such, the client’s ss. 8 and 10(b) Charter rights were breached; the police obtained breath samples without properly facilitating the client’s rights to counsel. Counsel successfully negotiated with the Crown to have the matter resolved by way of a “Careless Driving” plea. The criminal charges were withdrawn.

2016

Client charged with s. 254(5) CC Failure to Provide Breath Sample. At trial, counsel argued the client did not intentionally “refuse” to provide a sample into the Approved Screening Device. At the conclusion of the trial, the client was acquitted.

2016

Client charged with s. 5(2) CDSA Possession for the Purpose of Trafficking. Through proof of community service and mental health counselling, counsel successfully negotiated with the Crown to obtain a stay of proceedings.

2016

Client charged with Driving with Excess Blood Alcohol. At the police station, client provided two samples of 160 mgs alcohol/100 mls of blood (twice the legal limit). At trial, counsel successfully argued that the client’s Charter rights (specifically: Right to Counsel) had been violated, and as a result, the two breath samples were excluded. Charge Dismissed.

Client charged with Aggravated Assault. Complainant suffered catastrophic brain injuries. Other counsel represented the client at his Preliminary Inquiry, and thereafter, the Crown position on a guilty plea was 6 years jail. In Superior Court, counsel was able to demonstrate that the client was only involved in shoving the Complainant, and that sometime later, an alternative suspect grievously injured the Complainant. As a result, client was able to plead guilty to Simple Assault, and received a sentence of a Conditional Discharge.

Client charged with Assault Bodily Harm (to wit: breaking the female Complainant’s nose). The initial Crown plea position was 30 to 60 days jail. Counsel was able to demonstrate that the client was acting in “Self-Defence”. As a result, Client was allowed to enter a Section 810 Peace Bond, and thereafter, he had his criminal charge marked withdrawn.

Client charged with: Dangerous Driving, Impaired Operation, and Excess Blood Alcohol. Counsel was able to demonstrate that the arresting officer did not have the requisite grounds to arrest. As a result, client resolved by way of a guilty plea to Careless Driving (H.T.A.), and thereafter, all criminal charges were marked withdrawn.

Client charged with Failure to Provide Breath Sample and Impaired Operation. Counsel was able to demonstrate that client lacked the intent to not provide a breath sample, and further, there were violations of the client’s Charter rights (specifically: Right to Counsel). As a result, client resolved by way of a guilty plea to Careless Driving (H.T.A.), and thereafter, all criminal charges were marked withdrawn.

Client charged with Possession of Heroin. From the outset, counsel diligently pursued all outstanding disclosure. Ultimately, counsel was able to demonstrate that evidence had been lost, and as a result, the charge was marked “stayed”.

Client charged with “Dangerous Driving”, “Failure to Remain at the Scene of an Accident” & “Assault”. After lengthy pre-trial discussions centred on the credibility of the complainant, the criminal charges were withdrawn. Client received a ticket under the Highway Traffic Act for “Failure to Remain”.

Client charged with “Driving with Excess Blood Alcohol” after breathalyzer tests revealed that his blood alcohol concentration was 140 mg. A charter motion was filed alleging that the clients “right to counsel” was violated on the basis that he was not provided an interpreter. On the day of trial, the criminal charge was withdrawn and the client received a ticket under the Highway Traffic Act for “Careless Driving”.

Client charged with “Possession of Property Obtained by Crime”. On the day of trial, the Crown Prosecutor decided not to call evidence on the basis that they would be unable to prove the offence. The charge was dismissed.

Client charged with “Domestic Assault”. At trial, the client was acquitted due to the fact that there was a great deal of inconsistency in the evidence of the witnesses.

Client charged with “Possession of a Controlled Substance” (40 grams of marijuana). After extensive pre-trial discussions and the client completing 20 hours of community service, the charge was withdrawn.

Client charged with “Possession of Stolen Property Over $5000”. Due to issues with disclosure, the charge was ultimately stayed.

Client charged with “Occupant of Motor Vehicle Knowing there was Unauthorized Possession of a Prohibited Weapon”, “Possession of Weapon for Dangerous Purpose x 2” and “Carry Concealed Weapon”. During lengthy pre-trial discussions, it was shown that the weapons were not in-fact unauthorized. Client completed 20 hours of community service and the charges were withdrawn.

Client charged with “Speeding”, “Fail to Surrender License”, “Careless Driving” and “Drive Under Suspension x 2”. Crown sought 15 days jail and large fines. After lengthy pre-trial discussions, client pled guilty to 1 count of “Drive Under Suspension” and “Improper Left Turn” for a fine of $1085.00.

Client charged with: “Dangerous Operation of a Motor Vehicle”, “Flight While Pursued by a Police Officer”, “Stunt Driving”, “Mischief Under $5000 x 2”, “Mischief Interfering with the Lawful Use of Property”, “Mischief Endangering Life”, “Assault a Police Officer with a Weapon”, “Assault with a Weapon”, “Assault” and“Utter Threat to Property”. Ultimately, client was found “Not Criminally Responsible” due to the fact that he had an undiagnosed mental illness.

Client charged with “Impaired Driving by Drug” and “Refuse to Submit to a Drug Recognition Expert”. Ultimately, charges were stayed (dismissed) due to the fact that it was shown that the client suffered from mental illness.