The King vs. The Defendant

SUCCESSFUL CASE DECISIONS

Assaults, Threats, and Harassment

In Canadian criminal law, there are several different types of assaults. The key element to any assault is that it involves an intentional act of violence towards another person, without their consent. 

Sexual Assault and Sexual Offences

Sexual assault charges can arise in a multitude of factual circumstances, and can range from sexual assault with a weapon, causing bodily harm, or aggravated sexual assault.

Child Pornography and Luring Offences

Child pornography related offences can include allegations of possessing, making, or distributing such materials. 

Case Decisions

Drug Offences

Drug offences are taken very seriously and thus are governed by their own legislation called the Controlled Drugs and Substances Act

Firearms and Weapons Offences

The use and possession of firearms carry strict requirements for it to be lawful. 

Property Offences: Theft, Fraud and Related Offences

There is a wide array of property related offences which commonly include theft, mischief, and possession of stolen property.

Murder and Manslaughter Offences

These are the most serious offences you can be charged with and they carry a potential consequence of life in jail.

Driving Offences

These charges are relatively common and can have serious impacts on your daily life and employment.

Release Conditions, Probation, and Conditional Sentences

Upon being criminally charged, you may have been released either on an appearance notice, undertaking, or release order. 

Release and Bail

Bail is a critical turning point in your case; it can impact your ability to prepare a defence and continue living your normal life until your matter is dealt with by the courts.

  • R. v. G.S.

    My client was the complainant on a file. I was hired to provide Independent Legal Advice and to assist with ensuring that the client's wishes were given to the prosecutor. In the end, the client was pleased with the outcome of the matter as it related to the person who was charged with the offence, as the charge was dropped. That is what the complainant wanted. Oftentimes people do not realize that in domestic situations, the police typically charge the accused even if the complainant doesn't want to have the person charged. This is where I can help with providing advice and assistance.

  • R. v. L.T.

    The client was charged with taking a motor vehicle without consent. The allegation involved a situation where the client was alleged to have briefly moved the domestic partner's vehicle without their consent. I worked alongside the client to have her complete some things that would help me to negotiating the best possible resolution for her. I also thoroughly reviewed the disclosure and determined that the likelihood was that the prosecutor would not be able to prove the elements of the offence. I then discussed the matter with the prosecutor and they agreed with my assessment and withdrew (dropped) the charge. This left my client without a criminal record and without a conviction.

  • R. v. J.U.

    My client faced a domestic assault charge. The incident involved her partner, who was also charged following their altercation. As her lawyer, I guided her through the necessary steps to strengthen her defence, which included completing specific tasks and reviewing the evidence collected by the police. Upon careful analysis, it became clear that the prosecution's case was weak. I negotiated with the prosecutor, successfully arguing for the charge to be withdrawn. The charge was dropped on our first court appearance, preserving my client's clean criminal record and protecting her employment.

  • R. v. T.K.

    This was a serious matter involving allegations of sexual interference with a minor. I received instructions from the client that they wanted to plead guilty. The client faced significant jail time as a sentence. The prosecutor was seeking actual jail time. I provided the judge with written sentencing submissions and asked the judge to sentence the client to a conditional sentence order, which would be house arrest, a sentence that is rarely seen in cases this serious. The judge agreed with my submissions, and the client did not have to face any time in jail. This was a great outcome for the client, especially considering that most cases like this result in actual jail time.

  • R. v. C.H.

    The client is of indigenous descent and was charged with sexual interference and sexual assault. The allegations were very serious, and if convicted, the client would have faced a significant amount of time in jail. I reviewed the evidence (disclosure) with the client in detail. I went through everything and was able to determine specific issues with the case against the client. I then discussed the matter with the prosecutor and pointed out the issues that I saw. The prosecutor agreed with my assessment, and agreed to drop both charges if the client entered into a peace bond, which would leave my client without a conviction and without any Sex Offender Registry order, which would have happened if he was convicted of the original charges. The client entered into the peace bond, and both charges were dropped (withdrawn). This left my client without a criminal record and without a conviction.

  • R. v. M.C.

    In the case where my client faced charges of making harassing communications, the circumstances revealed that the complainant's actions had provoked my client. I worked with my client to then use the information to successfully persuade the prosecutor to divert the charge, effectively moving the matter out of the justice system. This diversion required my client to fulfill specific obligations, which were completed diligently. I then represented my client in court, leading to the complete withdrawal of the charge. As a result, my client was left without a criminal record or conviction, maintaining their clean legal standing.

  • R. v. N.S.

    The client was charged with fraud over $5000.00. This was a serious allegation involving a theft from an employer. Typically, those types of charges result in a jail sentence for actual jail, not just house arrest. However, I put together a very persuasive argument which included supporting documentation and with that, the prosecutor agreed that if my client plead guilty, she would get house arrest (conditional sentence order) versus actual jail. This was an amazing result that is not often seen with these types of cases. My client was very pleased with the result.

  • R. v. C.D.

    The client was charged with two counts of domestic assault against family members. The allegations were serious. At first, the prosecutor was not agreeable to resolve the matter without a conviction for the client. However, over time, I had the client complete counselling and other things which helped me to then convince the prosecutor to drop (withdraw) both charges and agree to a peace bond. This is relatively unheard of when the first offer from the prosecutor is for a conviction. However, with the effort that I put into the file, I was able to get the best possible outcome for the client. This left him without any convictions (criminal record).

  • R. v. N.H.

    The client was charged with domestic assault following an argument and physical altercation with his wife. The allegation was serious. At first, the prosecutor was not agreeable to resolve the matter without a conviction for the client. However, over time, I had the client complete counselling and other things which helped me to then convince the prosecutor to drop (withdraw) the criminal charge of assault, and agree to a peace bond. This is relatively unheard of when the first offer from the prosecutor is for a conviction. However, with the effort that I put into the file, I was able to get the best possible outcome for the client. This left him without a conviction (criminal record).

  • R. v. S.G.

    The client was charged with uttering threats and assault with a weapon. These were domestic related allegations. the client gave me instructions to enter a not guilty plea and set the matter for trial. Just prior to that, I was able to have the client's release conditions changed so that he could resume contact with and living with his partner prior to trial. I prepared for trial with the client. I appeared at the trial date, and the crown withdrew (dropped) both charges against the client. This left the client without a criminal record and without a conviction.

  • R. v. A.S.

    The client was charged with importation of child pornography and possession of child pornography. These are very serious charges. I was able to negotiate a resolution with the prosecutor for a specialized peace bond. The client entered into the court order (peace bond) and both charges were withdrawn. This left the client without a conviction and without facing jail time.

  • R. v. H.S.

    The client was charged with one count of sexual assault. The allegation involved digital penetration of a sleeping complainant. The client decided to plead guilty to the offence. Typically, even with pleading guilty to this type of sexual offence an offender would face a lengthy term of jail. However, I prepared extensive legal arguments (written), and the court agreed with my sentencing position. The client was sentenced to a conditional sentence order (jail in the community) and was spared actual jail. This means that the client will serve his sentence outside of jail and he will be able to live his life. I also argued that the client should not have to register as a sex offender and argued that there should not be a SOIRA order. The court agreed, and the client will not have to register with SOIRA or report for that purpose. This was an important outcome for the client, both the conditional sentence order (CSO), and not having to register as a sex offender, as there were collateral consequences if the client had been sentenced to actual jail.

  • R. v. M.M.

    The client was charged with mischief under $5000.00 and assault. This was a domestic dispute and the client was alleged to have committed assault and broke the complainant's phone. I had the client complete counselling and provide documentation to assist with the outcome of this matter. I was able to convince the prosecutor to enter into a 6-month common law peace bond resolution instead of a 12-month peace bond. The client entered into the peace bond and the charges were withdrawn (dropped). This left the client with no convictions.

  • R. v. E.P.

    The client was charged with assault by choking. The allegation was domestic in nature. The impact a criminal record would have had on the client's employment would have been devastating. I worked hard to convince the prosecutor that the charge should be dropped altogether. That is, no peace bond, no conviction. It took a lot of negotiating and time, but in the end, I was successful in having the charge withdrawn (dropped). This left the client with no convictions and no criminal record.

  • R. v. K.D.

    The client was charged with criminal harassment. There was another person also charged with another offence from the same incident. I was able to have the charge against the client referred to the Alternative Measures Program. Once the client had completed the requirements of the program, I appeared in court and the charge was dropped (withdrawn). The client was left with no conviction and no criminal record.

  • R. v. W.M.

    The client was charged with very serious allegations involving historical sexual assaults against minors. The client stood to face a term of incarceration if there was a finding of guilt. The client decided to plead guilty. I argued for a conditional sentence order (house arrest). Despite the law being clear that these types of cases typically mean jail sentences, the client was spared having to serve a real jail sentence and was given a conditional sentence order.

  • R. v. C.A.

    The client was charged with sexual assault and sexual interference with a minor. These were very serious allegations. I reviewed the file and completed an extensive analysis of the prosecution's case against the client. I provided the client with legal advice. The client plead not guilty. I attended at a pre-trial conference and discussed the matter with the prosecutor thereafter. I told the prosecutor what my concerns were regarding their case. On the next court date, after having reviewed the file, the prosecutor dropped (withdrew) both charges. This left my client without a criminal record and without a conviction when he would have been facing a lengthy term of imprisonment had he been convicted.

  • R. v. T.G.

    The client was charged with one count of harassing communications. The allegation was very serious and any conviction would have had a negative impact on the client's employment. Typically, the prosecutor would seek a stiff sentence for this type of offence, but I was able to work with the client to obtain information and documentation that would help me negotiate the best possible resolution for the client. In the end, I was able to convince the prosecutor to agree to allow the client to enter into a diversion program. The client completed the program, and the serious charge of harassment was withdrawn (dropped). This left the client without a criminal record and without a conviction.

  • R. v. A.V.

    The client was charged with three charges of criminal harassment. After discussions with the prosecutor, an early case resolution was proposed including conditional discharge for 12 months and offered a guilty plea just to one charge of a less serious offence of harassing communications. This meant that after a period of time, because it was a discharge, it would be like the client had not been convicted.

  • R. v. A.W.

    The client was charged with one count of assault with a weapon. This was a domestic allegation. It was incredibly serious as the outcome would have meant serious consequences for the client's employment. I worked with the client to obtain information and documentation that would help me help the client by negotiating the best possible resolution of the client. In the end, the prosecutor agreed to outright withdraw the charge against my client, leaving them without a criminal record and without a conviction.

  • R. v. K.K.

    The client received a ticket one count of failure to remain at scene of an accident pursuant to the Traffic Safety Act. I worked with the client to obtain information and documentation to help me help the client. The prosecutor dropped the ticket entirely.

  • R. v. J.L.

    The client was charged with sexual assault. This was a serious allegation involving sexual intercourse. The client plead not guilty, and a trial date was set. I prepared extensively for the trial. The stakes were high for the client if convicted. The client was found NOT GUILTY. This left the client with no criminal record and no conviction.

  • R. v. D.B.

    The client was charged with one count of assault by choking. The allegation was serious, and it was domestic in nature. After discussing the matter with the prosecutor, the prosecutor agreed to withdraw (drop) the charge. This left the client without a record and without a conviction.

  • R. v. J.R.

    The client was charged with one count of assault, one court of assault by choking and one count of aggravated assault. Aggravated assault is the most serious of all of the charges of assault. It involves an allegation of wounding, maiming or disfiguring. The client instructed me to enter a not guilty plea and set the matter for trial. I reviewed the evidence with the client and prepared for trial. We had a very strong defence. Prior to trial, the prosecutor said they would not be proceeding with the charges. All charges were dropped (withdrawn) on the trial day. This was a very important win for the client who had faced employment related issues just due to being charged. A conviction would have meant jail time and further/continued employment issues. My client was left without a criminal record and without a conviction.

  • R. v. A.M.

    The client was charged with one count of sexual interference with a minor. The allegation was very serious, typically resulting in actual jail time if convicted. The client gave me instructions that they wanted to plead guilty to the charge. I was able to work with the prosecutor to have them agree to not seek a sentence of real jail for the guilty plea, but house arrest instead (conditional sentence order). The sentence allowed my client to continue their employment. The house arrest was only required for part of the sentence, then a short period of time with a curfew, and then no house arrest or curfew. The remainder was just probation conditions. There were exceptions to the house arrest and curfew which allowed the client to work, shop for the necessities of life, go to the gym, etc. The client was very pleased with the result given they were looking at jail for two years or more.