SUCCESSFUL CASE DECISIONS

• R. v. J.H.

  The client and another person were charged with sexual assault. The allegation arose at a party. After reviewing the initial evidence against the client it was apparent that there was documentation missing that the police did not provide the prosecutor so the prosecutor had not provided it to me. After many requests for the evidence (called disclosure), I was able to review it and determine that there were serious issues with the prosecutor's ability to prove the allegation against my client. I prepared a review of the problems with the prosecutor's case and met with the prosecutor to discuss the same. The prosecutor agreed with my assessment, and the charge of sexual assault against my client was dropped (withdrawn), leaving my client with no conviction and no criminal record.

• R. v. K.M.

  The client was charged with assaulting a peace officer. The sustained very serious injuries from the peace officers the night of the allegation. After receiving full disclosure and receiving all of the client's medical history from the assault, I was able to persuade the prosecutor to drop the charge against my client. This left my client without a conviction and without a criminal record.

• R. v. S.N.

  The client was charged with criminal harassment, mischief exceeding $5000 in damage and arson (setting something on fire). The prosecutor chose to proceed with these charges by indictment which is like a felony in the United States, versus treating the offences less seriously. A conviction would have resulted in the client facing jail time. Despite the charges being very serious, the prosecutor agreed to refer all the charges to Mental Health Diversion. The client completed Mental Health Diversion and the charges were all withdrawn. The client was left without a conviction or criminal record.

• R. v. M.O.

  The client was charged pursuant to the Criminal Code of Canada with animal cruelty. This was a very serious allegation that could have resulted in the client never being allowed to own animals again. It also could have led to potential jail time. It is an indictable offence. That means that it is treated seriously. The client had a version of events which was consistent with the prosecutor not being able to prove the offence. The client did everything I asked of them (courses, counselling) and this helped me to negotiate with the prosecutor. I reviewed disclosure as well and determined that the case against the client was weak, and the client's rights had been violated by the police. I set up a meeting with the prosecutor to discuss my findings. After doing so, the prosecutor agreed that there were issues with their case, and they were very pleased with the documentation I had provided (courses). They agreed to outright drop the charge against the client. The client was able to have the animals back in their custody after the charge was dropped. The client was left without a conviction and without a criminal record.

• R. v. R.P.

  The client was charged with communicating with a person under the age of 18 years in order to commit a sexual offence against the minor. This was a very serious charge that if convicted, the client would receive a potential jail sentence of three years or more as well as registration onto a sex offender registry for twenty years. After reviewing the disclosure in detail I was able to find issues with the prosecutor's case against the client. I met with the prosecutor who agreed with my assessment. The prosecutor agreed to the client entering into a peace bond and the charge being dropped. This left my client without a conviction and without a criminal record.

• R. v. J.Y.

  The client was charged with assault against an acquaintance. The client provided information and documentation to establish that they did not commit the offence. After discussions with the prosecutor, they agreed to withdraw (drop) the charge against the client. This left the client without a conviction and without a criminal record.

• R. v. J.W.

  The client was charged with sexual assault. The client provided instructions to enter a not guilty plea and to set a trial date. In preparation for trial, a pre-trial conference was held with a judge and the prosecutor. The prosecutor advised that they would be wiling to drop the charge if the client agreed to a 12-month common law peace bond. The trial date was cancelled and the client entered into the 12-month common law peace bond. The charge was dropped, leaving the client without a conviction and without a criminal record.

• R. v. Y.F.

  The client was charged with assault, two charges of uttering threats and one charge of theft under $5000.00. This was a serious matter as it involved two complainants, one of whom was injured during the incident. Initially the prosecutor was not agreeable to resolving the matter by way of a peace bond and dropping the charges. However, I had the client complete counselling and provide me with documentation, and with that the prosecutor agreed to the peace bond. The client entered into the peace bond and all charges were dropped, leaving the client without a criminal conviction and without a criminal record.

• R. v. S.M.

  The client was charged with uttering threats, intimidation, and failure to comply with a release order. The client entered a not guilty plea and set the matter for trial. The client had these charges arise after being charged with offences against the same complainant originally and then being released. The charges the client had on their other file were all withdrawn after my negotiations with the prosecutor. The prosecutor also agreed to drop all of these charges. This left the client without a conviction or a criminal record.

• R. v. A.B.

  The client was charged with assault, theft under $5000 and mischief. A criminal record would have had employment consequences for the client. I worked with the client to have them get me some information and documentation which helped me resolve the matter for the client. The charges were both dropped. This left my client without a criminal record and without a conviction.

• R. v. C.B.

  The client was charged with assault. The client provided me with the information and documentation that I asked them for and enrolled in counselling. With that, I was able to convince the prosecutor to allow the client to be entered into the Alternative Measures Program. The client completed all requirements of there program and the charge was dropped. This left my client without a criminal record and without a conviction.

• R. v. K.M.

  The client was charged with careless use of firearm and pointing a firearm contrary to the Criminal Code of Canada, as well as a Traffic Safety Act offence for failing to stop at a stop sign at an intersection. This was a serious allegation and the client could have faced jail time if convicted. I worked closely with the client to have them enroll in courses and complete tasks that helped me to negotiate with the prosecutor. I was able to convince the prosecutor to agree to have the client enroll into the Alternative Measures Program. The client completed the requirements of the program and all charges were dropped. This left my client without a criminal record and without a conviction.

• R. v. D.M.

  The client was charged with sexual assault. This was a serious allegation given if the client was convicted or plead guilty they would face a sex offender registry order for ten years and a criminal record. I had the client complete a number of things for me that would help me negotiate with the prosecutor. In the end, the prosecutor agreed to a guilty plea to the less serious offence of just assault for a conditional discharge. This was the best possible outcome for the client and it will leave them with no conviction.

• R. v. Q.M.

  The client was charged with sexual assault and sexual interference of a minor. This was an incredibly serious allegation that would have led to jail time for three years or more if convicted. The file was incredibly complex and required significant thought as to the trial strategy. I knew that the client had a very good defence. I worked closely with the client for trial preparations. In the end, less than a week before the trial in front of a jury was set to begin, the prosecutor realized the inherent weakness in their case and outright withdrew both charges. With the charges both dropped, the client was left without a conviction and without a criminal record.

• R. v. A.P.

  The client was charged with assault, assault while choking, forcible confinement and intimidation. The client and the complainant were in a relationship at the time of the domestic dispute. At first the prosecutor was of the view that they would be proceeding with the charges against the client given their serious nature. Prior to trial, I had the client complete counselling. While preparing for the trial, I contacted the prosecutor to try to negotiate a resolution of the matter which would leave my client without a conviction. The prosecutor agreed. The client received a peace bond and all charges were dropped. This left my client without a conviction and without a criminal record.

• R. v. R.S.

  The client was charged with assault with a weapon and mischief. The client and complainant were in a domestic relationship and during that time they had a dispute. The client suffered from mental health issues and the complainant was aware of that and wanted the charges dropped. The client provided me with information regarding her past and recent mental health dealings and enrolled in counselling as instructed. After discussions with the Crown and providing the mental health information and counselling confirmation, I was able to convince the prosecutor that there was no public interest in prosecuting the client and the charges were dropped. The client was left without a conviction and without a criminal record.

• R. v. B.T.

  The client was charged with assault. The client provided me with the information and documentation that I asked them for and enrolled in counselling. With that, I was able to convince the prosecutor to drop the charges if my client entered into a common law peace bond. This left the client without a criminal record and without a conviction.

• R. v. B.Z.

  The client was charged with assault causing bodily harm. A conviction would have resulted in the client facing jail time and there would have been consequences for the client's employment. The client pleaded not guilty and the matter was set for trial. I completed extensive trial preparations in anticipation for the trial. After several conversations with the crown prior to trial, I was able to negotiate resolution for my client for a common law peace bond. On the day of trial, the client entered into the common law peace bond and the charge was dropped. This left the client without a criminal record and without a conviction.

• R. v. N.C.

  The client was charged with sexual assault and sexual interference with a minor i.e. engaging in a sexual act with someone under the age of 16. This was an interesting case where the complainant's credibility and reliability was in question. There was also another person charged at the same time as the client so there were two alleged offenders. The matter was set for trial after a not guilty plea was entered. During extensive preparations for trial, and with discussions with the co-accused's lawyer, I was able to confirm the strength of the client's defence to the charges. During my trial preparations, I had discussions with the prosecutor. I was able to convince them to drop the charges outright after the client completed some counselling and courses. This left the client without a conviction and without a criminal record.

• R. v. R.D.

  The client was charged with theft under $5000. The allegation was a unique situation that had video evidence of the offence occurring. However, the identity of the accused was the main issue with the prosecution's case against the client. That is, it was my opinion that they would not be able to prove the identity of the person who committed the offence. I reviewed the disclosure in depth and prepared a review that I outlined to the prosecutor as to why they would not be able to prove the allegation against the client. The prosecutor agreed and stayed the charge i.e. dropped it. This left the client without a conviction and without a criminal record.

• R. v. J.M.

  The client was charged with three offences under the Aeronautics Act and one count of mischief pursuant to the Criminal Code of Canada. This client was to have alleged to have vaped and consumed their own alcohol that they had brought onto the plane during the flight. These charges would have had serious implications for the client's employment and travel if convicted. I worked closely with the client to have the client complete counselling and treatment. I was able to persuade the prosecutor to drop both charges completely. This left the client without a conviction and without a criminal record.

• R. v. M.P.

  The client was charged with assault. After receiving information and documentation from the client to help me negotiate with the crown, I was able to convince them to refer the client to the Alternative Measures Program. Once the client completed the program requirements, the charge was dropped. That left the client with no conviction and no criminal record.

• R. v. J.W.

  The client was charged with sexual assault. The client's instructions were that they wanted to enter a not guilty plea and set a trial date. This was a matter were the primary issue was that of consent. That is, it was our argument that the complainant in fact consented to the sexual activity so it was not an offence. I worked closely with the client in preparation for trial. The prosecutor reached out to me prior to trial to offer the client a common law peace bond. The client accepted the peace bond and the charge of sexual assault was dropped. This left the client without a conviction and without a criminal record.

• R. v. H.N.

  The client was charged with possession of crack cocaine for the purpose of trafficking and possession of proceeds (money) obtained by crime exceeding $5000. This matter arose out of a drug investigation that the police had started months prior to the charges being laid. The investigation started on the basis of a police informant giving information to the police. The police then started their investigation with that information. The investigation involved undercover police surveillance and search warrants. The matter was set for a preliminary inquiry where the prosecutor would have to lead some evidence that the client was involved in the two offences. After extensive preparations for the preliminary inquiry with the client, on the date of the preliminary inquiry the prosecutor and I discussed the file. The prosecutor agreed with my assessment of the file and the weaknesses in their case, and ultimately agreed to fully dropping both charges. The client was left without a criminal record and without a conviction. If the client had been convicted of the offences he would have faced two years or more in jail.

• R. v. S.P.

  The client was charged with theft under $5000.00 (shoplifting). The client was caught shoplifting by a loss prevention officer. After discussing the matter with the prosecutor, they agreed to refer this matter to the Alternative Measures Program. The client completed the requirements for the Alternative Measures Program and the charge was withdrawn.