SUCCESSFUL CASE DECISIONS

• R. v. W.W.

  The client was charged with causing a disturbance by being intoxicated in a public place, along with trespassing. At first, the prosecutor was going to pursue the Criminal Code charge of causing a disturbance. However, I was able to convince the prosecutor to accept a plea to a ticket for being intoxicated in public for a $200.00 fine, and the criminal charge was dropped (withdrawn), as was the trespassing charge. This left the client with no criminal record and no conviction.

• R. v. K.F.

  The client was charged with possession, distribution and accessing child pornography. The prosecution did not provide complete disclosure. Then, they decided to direct a Stay of Proceedings. This means that they dropped the charge. This left my client with no record and no conviction for the serious charges relating to child pornography.

• R. v. S.J.

  The client was charged with assault, two counts of sexual assault, and choking with intent. The allegation was serious, and would have resulted in significant jail time if the client were to be convicted. The prosecution agreed that there was not enough evidence to proceed with the assault, assault by choking, and one of the sexual assault charges. The case against the client on the remaining sexual assault was strong, and so the client elected to plead guilty to that count and I was able to get my client probation, no jail. All of the other charges including the one sexual assault were withdrawn (dropped).

• R. v. C.M.

  The client was served with a section 117.05 firearms hearing notice. My client had a large firearms collection with many valuable and historical items that we did not want to have destroyed. I worked alongside a family member to ensure that all of the firearms, many of which were collectables, were transferred to the family member.

• R. v. J.L.

  The client was charged with sexual assault. The allegation was incredibly serious for my client. The prosecutor elected to proceed by indictment, making it even more serious. The result of the file could impact my client's employment and future. I reviewed the disclosure in detail. I prepared a detailed review. I discussed the disclosure with my client. I then met with the prosecutor to explain why they would not be able to prove the charge of sexual assault beyond a reasonable doubt. I was able to point out issues with the complainant's credibility, and reliability. I was able to point to things in disclosure that would clearly be an issue for the prosecution. After that meeting, the prosecutor agreed that they would not be able to prove the charge beyond a reasonable doubt, and the one charge of sexual assault was dropped (withdrawn) outright. This left my client with no conviction and no criminal record.

• R. v. R.M.

  The client was charged with mischief to property under $5000.00. The allegation resulted from an altercation that occurred between my client and another individual while they were driving, typically called "road rage". I had my client complete some things that would help me to help him. With my review of the file, and with the things my client did to help me to help him, I was ultimately able to have the charge against my client dropped (withdrawn) outright. This meant my client was left with no conviction and no criminal record.

• R. v. F.B.

  The client was charged with sexual assault. The allegation was that my client kissed and put his hands on the complainant. I reviewed the disclosure and started the process of negotiating with the prosecutor to try to resolve the file for my client. At first, the prosecutor wanted my client to either plead guilty or proceed to trial. I worked closely with my client and make cogent arguments to the prosecutor as to why the file could and should be resolved in a way that would leave my client without a conviction or criminal record. This would mean that my client could not only face a conviction, but also a SOIRA (sex offender registry) order. In the end, the prosecutor agreed to resolve the file with a peace bond, and the charge would be dropped (withdrawn). My client entered into a peace bond and the charge was withdrawn. My client was left with no conviction and no criminal record.

• R. v. D.T.

  The client was charged with two counts of uttering threats, assaulting a peace officer, resisting a peace officer, and he received a ticket for public intoxication. The client was intoxicated by alcohol on the date of the incident. Upon reviewing disclosure, I determined that the arrest was unlawful and officers used excessive force. To assist in the resolution of the matter, my client attended counselling for anger management and addictions. Initially, the prosecutor asked for jail, but I was able to negotiate the resolution of a peace bond, where all charges were dropped. This left my client with no convictions (criminal record) for these charges.

• R. v. N.P.

  The client was charged with assault and assault by choking. The allegation was a domestic assault. The charges were very serious. There were two complainants. My client was remorseful of his actions and participated in extensive counselling for anger management, domestic violence, and addictions. My client was sentenced to a conditional discharge with 24 months' probation and the assault by choking charge was withdrawn. My client was not sentenced to jail time, when originally, that was what the prosecution was seeking.

• R. v. K.K.

  The client was charged with mischief under $5000.00 (damage to property). The allegation was that the client vandalized a vehicle . I worked with the client to ensure that I was able to then negotiate a resolution for them that would leave them without a conviction (criminal record). I spoke with the prosecutor and they agreed that the client could be referred to the Alternative Measures Program (AMP). My client successfully completed the requirements of the program and the charge was withdrawn. My client was left with no conviction and no criminal record.

• R. v. D. S.

  The client was charged with assault. The charge of assault came out of an altercation at a bar. I worked with my client to have them complete some courses that would help me negotiate a successful resolution. I met with the prosecutor and was able to convince them to outright withdraw (drop) the charge of assault. This left my client with no criminal record and no conviction.

• R. v. S. D.

  The client was charged with sexual assault. The allegation was very serious. A conviction for this matter would have had serious consequences for the client's employment. The matter was complex as it involved consideration of multiple rules of evidence and tactical decisions that had to be made. The client pled not guilty, and a four day trial was set. I worked closely with the client and had multiple meetings with the client both before his plea and in preparation for the trial. At trial, the prosecutor had the complainant testify. I cross-examined the complainant and was able to poke holes in her version of events. My client then took the stand to give evidence. Both the prosecutor and I made closing arguments. The trial judge found my client not guilty of sexual assault. This was an incredible outcome, especially in today's day and age. The client was left vindicated, with no criminal record/conviction. Instead, he was found not guilty.

• R. v. S.D.

  The client was charged with one count of an indecent act/exposure (voyeurism). I reviewed the file in detail and was able to determine that there were some serious issues with the prosecution's ability to prove the allegation. Despite that, it was important for the client to engage in some counselling which would assist me with making a pitch to the prosecutor have the file diverted to the Mental Health Diversion (MHD) program. The program would have requirements that once met, would mean that the charge would be dropped. . The client completed the requirements of the MHD program and the charge was withdrawn. This was very important to my client's future as there would be consequences to employment if convicted. At first, the prosecutor was not agreeable to the referral. I spoke to another prosecutor who became assigned and was able to convince them to refer the file. However, the program reviewed the file and said they would not accept my client. I was able to speak with the program supervisor and finally, they agreed to accept my client on the basis of my representations to them. My client was referred, and immediately because of what I had him do from the date of charges onwards, the charge was dropped outright. My client was left with no conviction and no criminal record.

• R. v. A.P.

  The client was charged with domestic assault, section 266 of the Criminal Code. My client worked to do the things I asked her to do. I then reviewed the disclosure and determined that the allegation was very low level. With those two things, I approached the prosecutor to request an outright withdrawal of the charge. Typically, that does not happen as typically the prosecution would want a peace bond. However, with the circumstances of this client, this allegation, and the work that I had her do, along with my negotiation skills, I was able to have the charge dropped (withdrawn) outright. This left my client with no conviction and no criminal record.

• R. v. R.M.

  The client was charged with unlawfully causing a disturbance. The allegation arose from a neighbourhood party that my client attended. I watched all of the body worn camera footage that the police had captured during their interactions with my client and the other neighbours. I was able to determine that the police had violated my client's rights by effectively detaining him in his own garage, and then taking a statement from him without providing him with his rights to counsel. I discussed my concerns with the prosecutor who ultimately agreed to withdraw (drop) the criminal charge. My client was left with no conviction and no criminal record. This was a very important outcome for my client, because any sort of record would have a negative impact on his employment.

• R. v. N.L.

  The client was charged with assault. The incident occurred while the client was at a night club and got into a disagreement with two other individuals. The altercation was captured on CCTV which showed that my client did not instigate the fight and was acting in self-defence. I worked to obtain a copy of the video ahead of it being provided in disclosure. I was then able to request it from the prosecutor, and asked them to review it. I also provided them with some information and documentation to assist with resolution negotiations. In the end, the prosecutor agreed to withdraw the charge. My client was left with no conviction and no criminal record.

• R. v. R.F.

  The client was charged with two counts of unlawfully resisting a peace officer (resisting arrest). The allegation occurred in a public place. My client was approached by police after allegedly being disruptive with some customer service people. The police approached my client, who had been consuming alcohol. Thereafter the police asked my client to leave the premises. They was being walked out of the premises and the police came up behind him. He was scared by their actions, but it was clear that he did not do anything (as noted from the video of the incident) that would justify the officers' reactions. I worked with the client to have him complete some counselling. I then had resolution negotiations/discussions with the prosecutor. They agreed to withdraw both charges of resisting arrest. This left my client with no convictions and no criminal record.

• R. v. Q.T.

  The client was charged with sexual assault. This was a serious allegation that would have had lasting consequences for the client. In speaking with my client, I determined that there was a witness that was not interviewed by the police. I met with the witness and confirmed that they were an eye witness to the interaction between my client and the complainant, and they did not see any sexual assault. I then spoke with the prosecutor who in turn asked the police to speak with the witness. Once that was done, the prosecutor was able to confirm what was said to me, and that meant that the complainant' was not credible or reliable and that there was no sexual assault. That meant that the prosecution did not have a case against my client. With that, I appeared in court and the charge was dropped (withdrawn). This meant no criminal record and no conviction for my client.

• R. v. A.S.

  The client was charged with possession of child pornography and accessing child pornography. The charges were very serious. Typically if found guilty or if a client pleads guilty to charges like these, a lengthy jail sentence would be imposed. I reviewed the file in great detail. I provided the client with my assessment of the file. He instructed me that he wanted to plead guilty. He instructed me to see if I could try to keep him out of jail. Because I had gotten the client into counselling right away and he had done extensive counselling, I was able to convince the judge to sentence the client to a conditional sentence order, instead of jail. This meant the client would not have to spend any time in jail. He was able to continue working and living his life.

• R. v. B.S.

  The client was charged with three counts of sexual assault and three counts of sexual interference with a minor. The allegations were very serious. The charges were laid after the complainants made a complaint to police about these historical sex based offences. I reviewed the disclosure (evidence) and found that there were multiple issues with the prosecution's case against the client. I did not think that the prosecution would be in a position to prove much of the allegations against the client. I met with the prosecutor, and reviewed my concerns and thoughts with her. After reviewing the file with those concerns in mind, the prosecutor agreed to resolve the matter by way of a peace bond. All of the sexual assault and sexual interference charges were dropped (withdrawn). If my client had been convicted of offences like these, he would have faced a lengthy jail sentence. Instead, I was able to leave him without any convictions.

• R. v. O.H.

  The client was charged with assault with a weapon and uttering threats. The criminal charges were laid after the client was alleged to have thrown an object at the complainant, and threatened the complainant at the same time. I worked with the client to have them enroll in counselling. I was able to negotiation a resolution for the client for a peace bond. This left the client with no criminal conviction.

• R. v. G.S.

  The client was charged with assault causing bodily harm, assault, unlawful confinement, uttering threats, and two counts of assault with a weapon. The allegations were domestic in nature. The complainant alleged that she experienced extensive abuse. The allegations were serious. At first, the client was told through his first lawyer that the prosecutor was seeking a term of incarceration due to the serious nature of the charges. I took the file on, and worked closely with the client to obtain his version of the events, and to gather information and documentation, along with evidence, that could be used to show that the allegations were false. I met with the prosecutor, and provided the information I had obtained. With that, the prosecutor agreed to withdraw ALL of the charges. This left my client with no convictions and no criminal record.

• R. v. F.A.

  The client was charged with three counts of sexual assault and three counts of sexual interference. The allegations were historical in nature. The client attended counselling and therapy to assist in the resolution of the matter and to address his underlying mental health concerns. The allegations were serious. The client gave me instructions that they wanted to plead guilty. As this was a youth matter, the applicable sentencing law was that of the Youth Criminal Justice Act. The prosecution sought a sentence of 15-18 months closed custody and supervision. I was able to argue for a reduced sentence. The client was sentenced to a 6-month closed custody and supervision sentence.

• R. v. R.K.

  The client was charged with two counts of assault. The allegation was that my client pushed the complainants. The client completed counselling to address concerns regarding mental health and addictions. This assisted me in negotiating a full withdrawal of both charges against the client. My client was left with no convictions and no criminal record, which was important to his employment.

• R. v. J.C.

  The client was charged with criminal harassment. The situation arose after a break up and the allegation was that of repeated contact by messaging. I worked closely with my client to have him engage in counselling. I was able to negotiate a resolution for the client for a 12-month Peace Bond. The client entered into the Peace Bond and the charge was withdrawn. My client was left with no criminal record and no conviction.