SUCCESSFUL CASE DECISIONS

• R. v. C.R.

  The client was charged with impaired driving and driving with a blood alcohol concentration of over 0.08. He pleaded not guilty and the matter was set down for trial. I prepared for the trial, and on the trial date, we conducted a voir dire regarding my argument that the officer had no reasonable grounds to request a sample of my client's breath. The trial judge agreed with my arguments and excluded the evidence of the breath samples. The breath samples were not in evidence, and the client was acquitted on both the impaired driving (DUI) and the over 0.08. The client was left with no criminal record and no conviction.

• R. v. B.S.

  The client was charged with three counts of possession of drugs (morphine and cocaine) and two counts of failing to comply with conditions of release (bail). He pleaded guilty to two of the possession of drugs charges. The third possession of drugs charge was dropped, as were both of the failures to comply with release. The client received a suspended sentence and a probation for a period of one year.

• R. v. J.T.

  The client was charged with impaired operation and operation at or over 0.08. He decided to plead guilty to operation at or over 0.08. He received a fine in the amount of $1500.00 and a one-year driving prohibition. The impaired charge was withdrawn.

• R. v. T.T.

  The client was charged with two counts of trafficking cocaine and possession of property obtained by crime over $5000.00. The file involved a lengthy investigation that resulted in more than one person being charged. After I conducted a thorough review of the evidence, I approached the crown to try to resolve the charges by way of having them dropped against my client. The crown agreed with my assessment, and all of the drug charges including the trafficking cocaine and possession of property obtained by crime were dropped. My client was left with no criminal record and no convictions.

• R. v. A.L.

  The client was charged with impaired operation and failing or refusing to comply with a demand. He pleaded guilty to failing to comply. He received a fine along with a driving prohibition for a period of one year. The impaired driving charge was withdrawn.

• R. v. K.J.

  The client was charged with possession of a controlled substance, thought to be cocaine. Upon my review of disclosure, including the returned drug analysis certificate, it was clear that no offence had been committed as the substance was not cocaine. The charge was therefore dropped, and my client was left with no criminal record and no conviction.

• R. v. K.G.

  The client was charged with impaired driving and driving over 0.08. The client's readings were high. The client elected to enter a plea of guilty to the over 0.08. I successful applied for a curative discharge for the client, leaving her with no conviction. The impaired driving charge was dropped.

• R. v. P.T.

  The client was charged with impaired driving and driving over 0.08. She pleaded not guilty and the matter was set down for trial. When I prepared for the trial, I carefully combed through all of the disclosure, including reviewing the video evidence. In doing so, I determined that the officer had read the client the incorrect demand for a breath sample. I brought the matter to the crown'’s attention, and she agreed that it was fatal to the crown'’s case, so she withdrew (dropped) both the impaired driving and the over 0.08, leaving my client with no criminal record and no conviction.

• R. v. D.R.

  The client was charged with impaired driving, driving over 0.08, and failing to comply with a probation order. On behalf of my client, we entered a not guilty plea to both charges and set the matter down for trial. The first trial date was set, and the matter could not proceed. Another trial date was set. At that second trial date, the primary investigator advised they would be away on holidays for a period of time and would not be attending court. The crown applied for an adjournment of the trial. A third trial date was set. On that third date, the officer again said they were going to be away and would not attend. Given that, the crown decided to enter a stay of proceedings as it was clear that the officer was not taking the file seriously. This left my client with both charges dropped, no criminal record, and no conviction.

• R. v. C.J.

  The client was charged with driving while disqualified and failing to appear for court. The client had an extensive related record. I worked with the client to gather as much information and documentation as I could so that I could approach the crown to resolve the matter by way of pleas to traffic tickets versus criminal charges. The crown agreed with my arguments, and in the end, the client received traffic ticket convictions only, no criminal convictions and no criminal record entries. He received a small fine.

• R. v. J.S.

  The client was charged with impaired driving and driving over 0.08. He pleaded not guilty and the matter was set down for trial. From my review of the disclosure (evidence) against my client, I determined that there was a serious breach of my client'’s rights in relation to speaking to counsel at the police station. At trial, the prosecutor agreed with my argument and agreed to drop both charges. The client was able to get his license back and was left without a criminal record and without a conviction.

• R. v. S.J.

  The client was charged with multiple driving offences including theft of a motor vehicle, failing to stop at the scene of an accident and dangerous operation of a motor vehicle. He was also charged with possession of property obtained by crime under $5000.00, three counts of breaching probation, six counts of failing to comply and one count of failing to appear. He pleaded guilty to the driving offences, possession of stolen property and breaching probation, along with failures to comply and failing to appear. The remaining charges were withdrawn. The client had an extensive related criminal record. The crown was initially seeking substantial jail time, but I was able to have the jail time reduced significantly for the client. The remainder of his charges were withdrawn.

• R. v. L.M.

  The client was charged with second degree murder. The client pleaded not guilty and the matter was set down for trial. The crown agreed to a plea to the lesser included offence of manslaughter. The client was sentenced to 11 years in custody. A DNA order and weapons prohibition order were put in place, and a victim fine surcharge was imposed.

• R. v. N.T.

  The client was charged with four counts of trafficking and a further count of possessing body armor. The crown initially sought the client's detention. However, I was able to negotiate the client'’s consent release on conditions.

• R. v. D.A.

  The client was charged with communications harassment and failing to comply with a protection order. Initially the crown was not agreeable to resolving the matter in a manner that would leave my client without a criminal record. However, upon further discussions with the crown, they agreed to withdraw the charge and allow the client to enter into a one-year peace bond.

• R. v. B.C.

  The client was charged with assaulting a peace officer and two counts of failing to comply. I worked hard to ensure that this client was not left with a conviction as where were definite extenuating circumstances that led to the allegations. After reviewing the disclosure, I set up a meeting with the crown and advised them of the concerns I had regarding the extenuating circumstances. In the end, the crown agreed, and all charges were withdrawn on the first court appearance.

• R. v. K.E.

  The client was charged with assault against their domestic partner. The client completed counselling under my direction, and upon that completion the crown agreed to withdraw the charge.

• R. v. A.M.

  The client was charged with assault with a weapon and uttering threats. At the first court date, I spoke with the crown regarding how this had been a mutual altercation and it was not in the public interest to prosecute the file. The crown agreed and withdrew the charges against the client. No criminal record or further court appearances were required.

• R. v. R.M.

  The client was charged with domestic assault. I worked with the client to ensure that when I met with the crown to discuss resolution, I had enough to work with to ensure that the crown would consider withdrawing the charges. The crown did agree to withdraw the charges once counseling was completed.

• R. v. C.K.

  The client was charged with assault with a weapon, assault, mischief to property, failing to comply with an undertaking, two counts of failing to comply, and failing to comply with a provision of a protection order. The client pleaded guilty to assault with a weapon, failing to comply with an undertaking and failing to comply with a provision of a protection order. The crown was initially seeking a term of incarceration, however, upon negotiating with the crown, I was able to convince them to agree to a term of probation. This took into account a prior related record.

• R. v. M.O.

  The client was charged with assault. I worked closely with the client to address underlying issues surrounding the allegation. With that, I was able to have the client'’s charge dropped/withdrawn.

• R. v. J.S.

  The client was charged with two counts of assault. The allegations were against the client'’s domestic partner. With my direction and advice, the client began counselling and treatment. I was able to have the crown agree to an informal resolution so that the charges were dropped.

• R. v. M.J.

  The client was charged with assault and mischief. After discussions with the crown, they agreed to withdraw the charge and allow the client to enter into a one-year peace bond.

• R. v. M.P.

  The client was charged with assault against their domestic partner. Both parties were alleged to have been intoxicated. It was clear that the crown would have had issues with establishing a conviction against the client. I approached the crown, and, in the end, the charge was dropped outright. This left my client without a conviction or criminal record.

• R. v. T.S.

  The client was charged with assault causing bodily harm in relation to a serious allegation of domestic abuse. It was clear from my review of the disclosure that the allegations were unfounded. I always make a point of ensuring I review the disclosure thoroughly, so that I can give my client'’s the best advice possible. I worked diligently to ensure that the best possible outcome was achieved for my client. In the end, the charges were withdrawn outright. No criminal record/no conviction.