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. D.H.

    The client was charged with uttering threats, assault with a weapon, and three counts of assault by choking. The allegations were domestic in nature. The complainant alleged that my client had assaulted her multiple times, dating back many years. On the date of my client's arrest, my client and the complainant had a verbal altercation. She subsequently made the false allegations against my client. Though it is relatively unheard of, I was able o have all charges dropped against my client in the first few court appearances, and without a peace bond. This left my client with no criminal record and no convictions.

  • R. v. J.M.

    The client was charged with assault, criminal harassment, and two counts of intimidation. This was a domestic allegation. The client was alleged to have reputedly called the complainant, and followed her in his vehicle. He was also alleged to have grabbed her arm. In the end, I was able to have all of the charges dropped. This left my client with no criminal record and no convictions.

  • R. v. N.S.

    The client was charged with assault with a weapon and uttering threats. The allegation was domestic in nature. On the first court date, the charges were withdrawn and my client was left with no convictions and no criminal record.

  • R. v. Q.T.

    The client was charged with sexual interference and sexual assault against a minor. The prosecutor had a strong case against my client. My client gave instructions almost immediately that he wanted to plead guilty, and have me try to reduce the length of the jail sentence that he would serve. I did so, and was able to convince the prosecutors that instead of a typical three to four year jail sentence, the client should only get a two year jail sentence. They agreed, and we made a joint submission to the judge for a two year jail sentence.

  • R. v. J.B.

    The client was charged with two counts of uttering threats, extortion, assault, two counts of mischief, robbery, and possession of a weapon for a dangerous purpose. The client had no criminal record prior to being charged. The allegations were originally domestic in nature and resulted from a verbal altercation between the client and the complainant. The allegations also involved am altercation in relation to a cell phone that the client purchased for the complainant. The client was later charged with two counts of criminal harassment, obstruction, and two counts of failure to comply with a release order. To assist in the resolution of the matter, the client attended counselling sessions regularly and also completed courses for domestic violence and anger management. Initially, the prosecutor was seeking a jail sentence for these criminal charges, as they were serious and repetitive. The client gave me instructions to try to resolve for a guilty plea to probation. The client plead guilty to two counts of assault (one of which being a lesser included offence to robbery), two counts of uttering threats, one count of criminal harassment, and one count of failing to comply with a release order. The rest of the charges were withdrawn. The client received probation only, no jail.

  • R. v. L.D.

    The client was charged with sexual assault. The client was alleged to have hugged the complainant in a sexual manner. The allegation was low-level and the prosecutor had issues establishing that the sexual assault offence was committed. To assist in the resolution of the matter, the client completed individual counselling sessions and completed a course for relationships, boundaries, safety and sexuality. I was able to convince the prosecutor to resolve the file with a peace bond. The client entered into the 12-month Peace Bond and the charge was withdrawn, leaving my client with no criminal conviction.

  • R. v. M.S.

    The client was charged with assault, theft under $5000.00 and damage to property under $5000.00. The allegation arose from an incident at a grocery store. The client was alleged to have left the store without paying for merchandise. He was confronted by a loss prevention officer, who then assaulted the client. This lead to my client defending himself. My client was injured. I was able to point the prosecutor to issues with the evidence against the client. That was enough to convince the prosecutor to withdraw the charges against my client in exchange for a peace bond. This left my client without criminal convictions for these charges.

  • R. v. M.P.

    The client was charged with possession of child pornography and accessing child pornography. The allegation originated from an incident where the client for assistance with his mental health. Because there was a mention of a firearm, police responded. When the police arrived, they began an investigation into possession of child pornography. When they did so, they unlawfully entered his home and searched it without grounds to do so. They then unlawfully arrested him. I reviewed the disclosure in detail. There was significant outstanding disclosure that the prosecutor could not produce. Given the delays and the issues with the violations of the client's rights, I was able to convince the prosecutor to withdraw the charges if the client entered into a peace bond. This left the client with no conviction and no criminal record.

  • R. v. K.S.

    The client was charged with assault. The allegation was domestic in nature and arose during an argument between the client and his girlfriend. I was able to resolve the matter for the client by having the prosecutor agree to allow him into the Mental Health Diversion Program. The client successfully completed the requirements of the Mental Health Diversion program and the charge was withdrawn. The client was left with no conviction and no criminal record.

  • R. v. B.B.

    The client was charged with careless use of a firearm, unauthorized possession of a firearm in a motor vehicle, and discharging a firearm with intent. This was an incredibly serious allegation. It was somewhat historical. After reviewing the disclosure, I determined that there was no reason why the investigation seemed to have stalled for two years. It became apparent that the police had no reasonable likelihood of conviction from years prior, but nevertheless decided to charge the client even though they had left the investigation stagnant. What's more, there was significant disclosure missing/lost/destroyed and what disclosure we did receive was delayed. With all of the issues with the prosecutions case, although initially they did not want to resolve it, it became apparent that there was no reasonable likelihood of conviction, so they entered a stay of proceedings. This left my client with no conviction and no criminal record.

  • R. v. R.H.

    The client was charged with assault, uttering threats, unlawful confinement, and assault by choking. The allegation was domestic in nature. Prior to the incident, the client had no criminal record or involvement with police. The client attended counselling for domestic violence and anger management. Though at first the prosecution was not willing to resolve the matter without leaving the client with a criminal record, after much negotiating, I was The client also attended couple's counselling with the complainant to further address the issue. Due to the client's extensive counselling and contributions to his religious community, I was able to convince the prosecutor to resolve the matter by way of a peace bond with counselling conditions. The client entered into a 24-month peace bond and the charges were withdrawn. The client was left with no convictions and no criminal record.

  • R. v. G.H.

    The client was charged with assault in the context of a domestic relationship. The allegation was that the client and the complainant got into a verbal then physical altercation. The complainant alleged an assault. However, in reviewing the evidence, I was able to point the prosecutor to several issues with their case. They agreed, and the charge was dropped. This left my client with no criminal and no conviction.

  • R. v. R.C.

    The client was charged with two counts of sexual assault and two counts of assault. The allegation was that the client had been consuming alcohol at a restaurant and attempted to initiate a fight with two individuals. It was alleged that the client made sexual gestures towards two staff members of the restaurant. I worked with the client over the course of many months and with the counselling and treatment I had the client complete, I was able to have all charges withdrawn when the client entered into a 6-month peace bond. This left my client with no convictions and no criminal record.

  • R. v. C.G.

    The client was charged with assault, break and enter with intent, mischief to property under $5000.00, and theft under $5000.00. The allegation arose from an incident where the client was alleged to have entered the complainant's property to collect his belongings. There was damage to a window and an alleged theft of a cell phone. To assist in the resolution of the matter, I had the client complete some counselling and treatment. I was then able to negotiate resolution for the client for a 12-month peace bond. The charges were withdrawn and the client was left with no convictions.

  • R. v. C.W.

    The client was charged with failure to comply with a release order. The client breached the conditions of the release order by texting a mutual friend of the complainant to advise of a death in the client's family. There were no safety concerns in relation to the client's breach. Following resolution discussions with the prosecutor, the client entered into a peace bond on his substantive file and this charge was withdrawn in result. The client was left with no convictions and no criminal record.

  • R. v. K.H.

    The client was charged with sexual assault and sexual interference with a minor. The charges arose while the client was being investigated for and then charged with other charges. Due to the delay in charging the client, along with disclosure delays, I was able to convince the prosecutor to outright withdraw the charges against my client. This left my client with no criminal convictions.

  • R. v. K.H.

    The client was charged with possession of child pornography. A search warrant was executed at the client's home . After many months of repeated requests, it became apparent that the prosecutor would be unable to provide me with disclosure in a timely fashion. What's more, the police subsequently charged the client with further charges after reviewing the devices seized. I painstakingly reviewed all of the disclosure, and determined that the prosecution would be unable to prove the allegations against the client, and that there were significant violations of the client's Charter rights. I was able to convince the prosecutor to withdraw the charge in exchange for the client entering into a peace bond. This was an incredible result for a file that would have resulted in the client facing a jail sentence. This left my client no criminal conviction.

  • R. v. C.D.

    The client was charged with breaching the condition of his peace bond. The allegation was that the client violated the condition not to contact one of the complainants. I reviewed the disclosure, and confirmed that in fact there was no contact as the complainant alleged. I spoke with the prosecutor. The prosecutor agreed and the charge was dropped. The client was left with no conviction and no criminal record.

  • R. v. J.H.

    The client was charged with sexual assault. The client and the complainant had a sexual encounter that was initially consensual. The sexual encounter then turned into a situation that the complainant felt was not consensual. The client had a different version of events. I was able to point the prosecutor to the issues with their file and the case generally. I also had the client complete some things for me that would help me to help him. I met with the prosecutor and convinced them to agree to dropping the charge if he client agreed to a peace bond. The client agreed, and the charge of sexual assault was dropped, leaving my client with no conviction and no criminal record.

  • R. v. C.W.

    The client was charged with voyeurism. The allegation was serious and would have had serious continued implications for the client (employment, travel) if he received a criminal record for the offence. I worked closely with the client and assisted him with engaging the services of counsellors to try to help him. I was able to negotiate a resolution for the client for a peace bond. The charge was withdrawn, and my client was left with no criminal record and no conviction.

  • R. v. M.S.

    The client was charged with assault. The client was intoxicated by alcohol. The criminal charge of assault came up because the client took an Uber and was alleged to have assaulted the driver. I worked diligently and made persuasive arguments to the prosecution. They agreed with my arguments and dropped the charge. This left the client with no criminal record and no conviction.

  • R. v. S.V.

    The client was charged with breaching a court order. The allegation was that the client did not adhere to no contact conditions. This was clearly a case of the complainant wanting to use the allegation for family court proceedings. I was able to ultimately have the charge dropped. This left my client with no conviction and no criminal record.

  • R. v. N.B.

    The client was charged with sexual assault. The allegation arose in a domestic situation. After much negotiations with the prosecutor, they agreed with my arguments and agreed to withdraw (drop) the charge if the client agreed to a peace bond. The client agreed, and the charge was withdrawn (dropped). This left my client without a conviction and without a criminal record. The client was charged with sexual assault. The allegation arose in a domestic situation. After much negotiations with the prosecutor, they agreed with my arguments and agreed to withdraw (drop) the charge if the client agreed to a peace bond. The client agreed, and the charge was withdrawn (dropped). This left my client without a conviction and without a criminal record.

  • R. v. A.A.

    The client was charged with sexual assault. The allegation was that the client sexually touched the complainant while a patron of a business. The client was elderly. At first, the prosecution would not resolve the matter in a way that would leave the client without a criminal record. I received instructions to have the client enter a not guilty plea and set the matter for trial. The file was then assigned to a prosecutor. I worked closely with the client to have him complete some counselling. I was then able to negotiate a resolution with the client where the charge would be dropped. I proposed a peace bond to the prosecutor. The prosecutor agreed, and the charge was dropped. This left my client without a criminal record and without a conviction.

  • R. v. M.W.

    The client was charged with assault with a weapon and assault by choking. At the time of the allegation, the client was struggling. The client was so good at doing what I needed him to do to best be able to assist him. I was able to convince the prosecutor to drop the charges if the client agreed to a peace bond. The client agreed. The charges were withdrawn (dropped) and the client was left with no conviction and no criminal record.