SUCCESSFUL CASE DECISIONS

• R. v. J.R.

  The client was charged with possession of cannabis for the purpose of selling. After discussions with the crown, they agreed to refer the matter to alternative measures. Once the client had successfully completed the required community service hours, the charge against him was withdrawn.

• R. v. B.L.

  The client was charged on two different dockets. On one he was charged with possession over $5000. On the second he was charged with possession over $5000, possession under $5000, two counts of failing to comply, failing to provide insurance, driving while unauthorized and operating an unregistered motor vehicle. He pleaded guilty to the possession over charge on the first docket. On the second he pleaded guilty to the possession over charge and the two counts of failing to comply. The remaining charges were withdrawn. He received 90 days incarceration on each docket, for a total of six months. This was to be followed by a period of 12 months of probation.

• R. v. N.H.

  The client was charged with mischief. Initially he was charged with mischief over $5000. As the matter proceeded, the crown laid a new information to reduce the charge to mischief under $5000. After ECR discussions with the crown, a resolution was reached. The client paid restitution to the complainant. Once proof of delivery of the funds was received, the crown withdrew the charge.

• R. v. M.G.

  The client was charged with fraud over $5000. The crown was approached to see if she would be open to resolving the matter, given that the charges were dated and it was debatable whether they would be able to prosecute the matter at trial. Further, the client was out of province and was not aware of the charges, as police never followed up after their interview with him, and instead issued a warrant for his arrest. He was never provided with the opportunity to voluntarily turn himself in. Given this, the crown was agreeable to referring the matter to the alternative measures program. The client was required to write an apology letter and provide restitution to the complainant. The charge was withdrawn upon his doing so.

• R. v. A.J.

  The client was charged with impaired operation, failing to provide insurance, failing to provide registration, failing to provide a driver's license, and unauthorized possession of a prohibited weapon. He pleaded not guilty and the matters were set down for trial. During a review of the disclosure, it was apparent there were some definite potential charter issues. The crown was approached to discuss resolution. They agreed to accept a guilty plea for possession of a prohibited weapon and all the remaining charges would be withdrawn. The client received a $2500.00 fine, as well as a five year prohibition on possessing any weapons. The prohibited weapon in question was confiscated. The client avoided jail time and any convictions regarding his driver's abstract.

• R. v. R.C.

  The client was charged with assault. He pleaded not guilty and the matter was set down for trial. After the trial date was set, counsel had discussions about possibly resolving the matter. The crown was of the view the client needed to complete more counseling before she would be willing to do so. The client continued with the counseling and eventually the crown agreed to resolve the matter by way of a three month peace bond.

• R. v. P.M.

  The client was charged with two counts of breaching probation and failing to appear with a summons. The charges were from a few years back when the client failed to finish counseling sessions she was required to take. She was a young mom in her 20s and had trouble completing counseling due to transportation issues, affordability, and childcare. She had spoken with her probation officer about this and left numerous messages, but she did not hear back from him and so she assumed it was fine. She was served with a summons, however at the time it was delivered to an old address. She had shown her probation officer her lease of residence but it was not recorded on her file. She was unaware she had court. After discussions with the crown, they were agreeable to allowing her to complete the counseling which was initially required. Upon doing so, and proof being provided, the charges were withdrawn.

• R. v. A.P.

  The client was charged with assault. A young mother of two, she was overwhelmed after taking on two more young foster children. During an extremely stressful incident, she admitted to biting one of the foster children. She pleaded guilty to assault and a sentencing date was set. The client did extensive counseling over the course of the year (between charge and sentence) and had many positive reference letters. A pre-sentence report was done and it indicated that it was unlikely she would re-offend. She avoided jail time and was given a suspended sentence with probation.

• R. v. C.B.

  The client was charged on three different dockets. On one docket he was charged with assault causing bodily harm, extortion, mischief endangering life, and uttering threats. On the other two he was charged with failing to comply on one and failing to appear on the other. He pleaded guilty to assault causing bodily harm, uttering threats, mischief, and failing to appear. The other charges were withdrawn. He received a sentence of 12 months incarceration, followed by 18 months of probation. Since he had been in custody, he had some pre-trial credit, which meant he had four months left to serve. There were also some ancillary orders (primary DNA and s. 109 prohibition) imposed.

• R. v. U.M.

  The client was charged with assault with a weapon. The client pleaded guilty and the matter was set down for sentencing. A pre-sentence report was ordered, which outlined some of the neurological issues the client faced after brain surgery. This was helpful because even though he had two prior convictions for assault, he was able to avoid a jail sentence, as the judge factored this in to her decision. He was given a 12 month conditional sentence order and 12 months of probation.

• R. v. G.H.

  The client was charged with assault with a weapon. He pleaded not guilty and the matter was set down for trial. On the day of trial, the complainant did not show up. The crown also hadn’t subpoenaed all the officers to appear as witnesses. As such, the charge was stayed. The client avoided having another conviction on his record.

• R. v. D.P.

  The client was charged with failing to obey a yield sign before entering a highway. Unfortunately a fatality occurred and he was charged on a long information. He pleaded guilty and was sentenced to a 60 day driving suspension, along with a $1500.00 fine.

• R. v. P.C.

  The client was charged with impaired operation and operation at or over 0.08. The client pleaded not guilty and the matter was set down for trial. Upon reviewing the disclosure, it was clear there were issues during the police officer’s dealings with the client. A charter notice was filed regarding these breaches. The notice was successful in convincing the crown there were triable issues and she entered a stay of proceedings on the file.

• R. v. M.L.

  The client was charged with impaired driving causing bodily harm, having a blood alcohol level over the legal limit causing bodily harm, and dangerous operation of a motor vehicle causing bodily harm. He pleaded guilty to impaired driving causing bodily harm and the other two counts were withdrawn. He received a sentence of incarceration for a period of 8 months and a 2 year driving prohibition. As he had already been without his license since the time of the incident, he was left with 12 months and 1 week before it could be reinstated.

• R. v. R.M.

  The client was charged with impaired operation and operation at or over 0.08. The client pleaded not guilty and the matter was set down for trial. At the conclusion of the trial, the judge adjourned to the following morning, at which time she would give her decision. The client was found guilty of operation at or over 0.08 and the impaired charge was withdrawn. He received a fine in the amount of $1500.00 and a driving prohibition for one year.

• R. v. M.H.

  The client was charged with possession of a forged document, fraud under $5000, possession of drugs, breaching a CSO condition, failing to comply with a probation order, and failing to attend court. He pleaded guilty to uttering a forged document and possession of drugs. The remaining charges were withdrawn. The client was in custody at the time of his guilty plea. He was given a 15 day global sentence and 18 months probation on his previous conviction.

• R. v. C.M.

  The client was charged with mischief to property under $5000. After having discussions with the crown, counsel were able to reach a resolution. The client paid restitution to the complainant and the charge against him was withdrawn.

• R. v. A.B.

  The client was charged with uttering threats. Following ECR discussions with the crown, an informal resolution was agreed on. The matter was adjourned for three months and as long as the client did not breach the terms of his release, the charge would be withdrawn. At the end of the three month period, nothing had arisen, and the crown withdrew the charge as expected.

• R. v. J.R.

  The client was charged with possession of cannabis for the purpose of selling. After discussions with the crown, they agreed to refer the matter to alternative measures. Once the client had successfully completed the required community service hours, the charge against him was withdrawn.

• R. v. B.L.

  The client was charged on two different dockets. On one he was charged with possession over $5000. On the second he was charged with possession over $5000, possession under $5000, two counts of failing to comply, failing to provide insurance, driving while unauthorized and operating an unregistered motor vehicle. He pleaded guilty to the possession over charge on the first docket. On the second he pleaded guilty to the possession over charge and the two counts of failing to comply. The remaining charges were withdrawn. He received 90 days incarceration on each docket, for a total of six months. This was to be followed by a period of 12 months of probation.

• R. v. N.H.

  The client was charged with mischief. Initially he was charged with mischief over $5000. As the matter proceeded, the crown laid a new information to reduce the charge to mischief under $5000. After ECR discussions with the crown, a resolution was reached. The client paid restitution to the complainant. Once proof of delivery of the funds was received, the crown withdrew the charge.

• R. v. M.G.

  The client was charged with fraud over $5000. The crown was approached to see if she would be open to resolving the matter, given that the charges were dated and it was debatable whether they would be able to prosecute the matter at trial. Further, the client was out of province and was not aware of the charges, as police never followed up after their interview with him, and instead issued a warrant for his arrest. He was never provided with the opportunity to voluntarily turn himself in. Given this, the crown was agreeable to referring the matter to the alternative measures program. The client was required to write an apology letter and provide restitution to the complainant. The charge was withdrawn upon his doing so.

• R. v. A.J.

  The client was charged with impaired operation, failing to provide insurance, failing to provide registration, failing to provide a driver's license, and unauthorized possession of a prohibited weapon. He pleaded not guilty and the matters were set down for trial. During a review of the disclosure, it was apparent there were some definite potential charter issues. The crown was approached to discuss resolution. They agreed to accept a guilty plea for possession of a prohibited weapon and all the remaining charges would be withdrawn. The client received a $2500.00 fine, as well as a five year prohibition on possessing any weapons. The prohibited weapon in question was confiscated. The client avoided jail time and any convictions regarding his driver's abstract.

• R. v. R.C.

  The client was charged with assault. He pleaded not guilty and the matter was set down for trial. After the trial date was set, counsel had discussions about possibly resolving the matter. The crown was of the view the client needed to complete more counselling before she would be willing to do so. The client continued with the counselling and eventually the crown agreed to resolve the matter by way of a three month peace bond.

• R. v. P.M.

  The client was charged with two counts of breaching probation and failing to appear with a summons. The charges were from a few years back when the client failed to finish counselling sessions she was required to take. She was a young mom in her 20s and had trouble completing counselling due to transportation issues, affordability, and childcare. She had spoken with her probation officer about this and left numerous messages, but she did not hear back from him and so she assumed it was fine. She was served with a summons, however at the time it was delivered to an old address.  She had shown her probation officer her lease of residence but it was not recorded on her file. She was unaware she had court. After discussions with the crown, they were agreeable to allowing her to complete the counselling which was initially required. Upon doing so, and proof being provided, the charges were withdrawn.