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. 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 The charges were withdrawn (dropped) and the client was left with no conviction and no criminal record.

  • 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. 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. M.P.

    The client was charged with uttering threats, forcible confinement, and failure to comply with a protection order. The allegation was that the client breached the conditions of the protection order by sending a text to the complainant . The other false allegations were made by the complainant and arose out of a domestic dispute. I reviewed the evidence in detail. I had the client provide me with his version of events and accompanying documentation. I was able to convince a prosecutor to agree to drop the charges if the client agreed to a 6 month common law peace bond. This left my client with no criminal record and no conviction. It was an important outcome not only because the client was not guilty, but because these criminal charges could have had a very serious impact on his family law file.

  • R. v. A.D.

    The client was charged with sexual assault with a weapon. That is a very serious criminal charge that is a straight indictable charge, similar to what a felony would be in the United States. The allegations arose following an incident where the client met with the complainant and had a disagreement. The complainant then made a false allegation. I had the client provide me with his version of events, and documentation to assist me in representing him. It was clear to me that the prosecutor's office had not looked at the file in detail. I received instructions to set the matter for a preliminary inquiry. I did so, and then the prosecutor's office contacted me a few weeks before to discuss changes they wanted to make to the file. It was at that time that I reviewed with them the problems with their case. In the end, they agreed with me, and they agreed to drop the charge if my client agreed to a peace bond. My client agreed to the peace bond, and the charge against him was dropped. This left my client with no criminal record and no conviction.

  • R. v. A.K.

    The client was charged with sexual assault. The allegation was incredibly serious. The client faced a lengthy jail term if convicted, and there would have been immigration consequences for the client. I took the file over from another lawyer who left the practice. I realized that there was important disclosure that was missing from the disclosure package. Once I received it, it confirmed that the complainant had serious  credibility issues. That, coupled with documentary evidence (texts) from my client, lead to negotiation discussions with eh prosecutor. Once the prosecutor and I met, I was able to persuade her to withdraw the charge.  The client was left with no convictions and no criminal record.

  • R. v. J.B.

    The client was charged with three counts of fraud under $5000.00. The allegation was serious. It involved the client being asked to essentially do e-transfers to another person on behalf of someone else. The allegation was that it defrauded a third party. I was able to have all of the charges against the client withdrawn (dropped). This left the client without a conviction or a criminal record.

  • R. v. H.S.

    The client was charged with assault and breaking and entering with intent to commit an indictable offence. The allegations arose following a physical altercation at a parking lot involving approximately 10-15 other individuals. It was alleged that later, the parties ended up at a residence and there was an interaction at the residence. I worked to ensure that the prosecutor was aware of the fact that we were waiting for outstanding disclosure and I made sure to send requests for the same. Thereafter, the prosecutor agreed to enter a Stay of Proceedings. This means that the charges were dropped. These were serious charges that could have meant jail time if convicted. My client was left without a record and without a conviction.

  • R. v. D.M.

    The client was charged with unlawfully smoking on board of an aircraft and failure to comply with safety regulations pursuant to the Aeronautics Act. The allegation was that the client vaped on the flight. This lead to charges upon disembarking from the plane. I worked closely with the client to have him complete some tasks for me that then helped me to negotiate the best possible outcome for the client. Both charges were dropped (withdrawn).

  • R. v. G.S.

    The client was charged with assault and sexual assault. This was a domestic related allegation. If the client were to be convicted of these charges he would have faced immigration consequences. The stakes were very high. I worked with the client to prepare the best possible defence. This was a very complex case that required a lot of work in organizing a strategy for my discussions with the prosecutor. I met with the prosecutor and reviewed the evidence I had that would support my client's innocence. The prosecutor agreed with my review and agreed to drop the charges outright (withdrawal). This was the best possible outcome for the client. This left him without a criminal record and without a conviction.

  • R. v. C.S.

    The client was charged with sexual assault. This was a serious allegation involving several parties. The matter was ongoing for a long time while the prosecutor worked on getting me disclosure (evidence) which was pivotal to my client's ability to defend himself against the charge. The file went on for over a year as the prosecutor did not get the disclosure to me until that time. Once that happened, it was clear that the client had very valid arguments and a good defence. With that, and with the delays in the prosecutor getting us disclosure, I was able to negotiate a withdrawal of the charge if the client agreed to a one year peace bond. This left my client without a conviction and without a criminal record.

  • R. v D.S.

    The client was charged with assault and choking. A physical altercation took place between the client and his partner following a verbal argument. The client had a very good defence to the charges. Thankfully, I was able to have the conditions of no contact with the complainant removed and the complainant eventually told the police the truth - that no assault took place. This assisted me in having both charges against the client withdrawn (dropped). This left my client without a conviction for the two charges of assault and choking.

  • R. v M.D.

    The client was charged with aggravated assault and assault with a weapon. The allegation was that the client took a knife and cut the complainant, causing serious injuries. There were significant delays in the police charging the client. The police also failed to retain parts of the file that were destroyed/went missing. Despite that, they charged my client. I reviewed the extensive disclosure. The allegation was very complex because there were so many people involved. The disclosure was hundreds of pages and the statements taken were hours and hours long. I reviewed everything in detail, and then prepared a detailed request for additional outstanding disclosure. Once I did that, the prosecutor then directed a Stay of Proceedings, meaning they withdrew the charges against the client. This left the client without a conviction and without a criminal record. Had the client been convicted he would have faced a lengthy amount of time in jail. This was avoided, thankfully.

  • R. v T.M.

    The client was charged with theft under $5000.00. This was a case of shoplifting from a retail store. I worked with the client to obtain information and documentation from him that would help me negotiate the best possible outcome for the client. I prepared a detailed proposal for the prosecutor who ultimately agreed to refer the client to the Alternative Measures Program. The client entered into the program and finished the requirements. I then brought the file into court on an earlier date and had the charge against the client withdrawn (dropped). This left the client without a criminal record and without a conviction.

  • R. v T.P.

    The client was charged with possession of a weapon for a dangerous purpose and arson. The client was charged after a fire was set to a large building. Typically this type of charge would result in a lengthy term of jail. However, I was able to negotiate with the prosecutor so that we made a joint submission to the judge for the client to receive a conditional sentence order (house arrest) instead of jail. This meant that the client could continue to work and would not have to go to jail. This was a great outcome for this client.

  • R. v. M.A.

    The client was charged sexual interference with a minor. This was a very low level allegation meaning the facts of the case were not that serious. If the client had been found guilty or plead guilty to this charge, there would be a mandatory minimum jail sentence. I was able to negotiate with the prosecutor so that the client was only charged with simple assault instead of sexual interference (assault) with a minor. The client plead guilty to the simple assault charge, and the sexual interference charge was withdrawn (dropped). The prosecutor asked the judge to give the client a criminal record (probation). I prepared written submissions that I gave to the judge and asked the judge to sentence the client to a conditional discharge. The judge agreed with me, and the client was given a conditional discharge. This means that after 3 years it is as if the client was not convicted. This was a great outcome for this young client who was originally facing jail time.

  • R. v. M.A.

    The client was charged sexual interference with a minor. This was a very low level allegation meaning the facts of the case were not that serious. If the client had been found guilty or plead guilty to this charge, there would be a mandatory minimum jail sentence. I was able to negotiate with the prosecutor so that the client was only charged with simple assault instead of sexual interference (assault) with a minor. The client plead guilty to the simple assault charge, and the sexual interference charge was withdrawn (dropped). The prosecutor asked the judge to give the client a criminal record (probation). I prepared written submissions that I gave to the judge and asked the judge to sentence the client to a conditional discharge. The judge agreed with me, and the client was given a conditional discharge. This means that after 3 years it is as if the client was not convicted. This was a great outcome for this young client who was originally facing jail time.

  • R. v. J.M.

    The client was charged with several serious charges. This was a long and drawn out matter that took a long time to review and ensure that I was able to give the best possible legal advice. It involved complex and voluminous documentation. I worked closely with the client to ensure that no stone was left unturned. I then made a proposal to the prosecutor to resolve the matter. At first, the prosecutor would not agree to the resolution I suggested. However, I was able to further provide information and documentation to support my position. This resulted in all of the charges being dropped and my client entering into a peace bond. This was great resolution that left my client without a conviction and without a criminal record for very serious charges.

  • R. v. M.M.

    The client was charged with uttering threats and assaulting a peace officer. He also received a ticket for public intoxication. The charges arose after the client had an altercation with the police. I waited to receive full disclosure before I then put together my assessment of it. I met with the prosecutor to show them why I thought that the charges against my client had to be dropped (withdrawn). This was because the police did not have the authority to arrest the client. I proposed that the charges get dropped. The prosecutor agreed to do so if the client paid a fine for the ticket for drinking alcohol in public. This meant that my client had no criminal record and no convictions.

  • R. v. C.G.

    The client was charged with assault causing bodily harm following a physical altercation with his ex-partner. The version of events between the client and the complainant were different. The client gave me instructions to enter a not guilty plea and set the matter for trial. I did so, and a trial date was set. Prior to trial, the prosecutor agreed to stay the proceedings (drop the charge) against the client. This meant that the client would have no criminal record and no conviction for what was a very serious offence as it was assault causing bodily harm, which meant the injuries to the complainant were serious.

  • R. v. V.S.

    The client was charged with theft over $5000.00, driving without insurance, and driving with a suspended license. I reviewed the disclosure in detail and determined that the prosecutor would not be able to prove that the client knew the vehicle was stolen. The prosecutor reviewed the file, and agreed with my assessment. He agreed to drop all of the charges against my client, and my client was left with no criminal convictions and no criminal record.

  • R. v. A.D.

    The client was charged with breaking and entering and mischief (damage) to property under $5000.00. The client had been arrested for breaking a window and entering a business when it was closed. The charges were very serious, and a criminal record would have impacted my client's career path, along with his ability to travel to the USA. I worked with the client to obtain information and documentation that would help me to negotiate the best possible resolution for the client. I met with the prosecutor and they prosecutor agreed with my offer that the client should take part in the Alternative Measures Program. Once the client finished the requirements of the program, both charges were dropped (withdrawn). This left my client without a record and without a conviction.

  • R. v. J.T.

    My client was charged with sexual assault. This was a serious allegation of sexual assault where the complainant told the police the sexual encounter was not consensual. I reviewed the disclosure (evidence) in detail. I met with the client to review his version of the events. I then met with the prosecutor to try to convince them that the charge should be dropped if the client agreed to enter into a peace bond. I highlighted the issues with the prosecution's case against the client. After reviewing the file, the prosecutor agreed to drop the charge if the client agreed to the peace bond. The client agreed to it, and the charge was dropped. This left my client without a conviction and without a criminal record.

  • R. v. C.V.

    The client was charged with assault with a weapon following an altercation between herself and the complainant. The allegation was serious because it involved a weapon. I worked closely with the client who did what I asked her to do, which helped me to help her. I then proposed a resolution to the prosecution that the charge be dropped (withdrawn) if my client agreed to a peace bond. My client agreed to the peace bond with very minimal conditions to not contact the complainant, and the charge was dropped. This left my client without a conviction and without a criminal record.

  • R. v. E.M.

    The client was charged with multiple criminal charges for sexual assault involving persons under the age of 16 (minors). The allegations were very serious, and if convicted the client would have faced a long prison sentence. This was a complicated file. At first the charges spanned between dates for each of the complainants. The client gave me instructions that he wanted to plead not guilty. The matter was set for trial. When the trial began, the prosecutor started to ask the complainants questions that were outside of the date range of the charges. I objected. The judge agreed with me that the dates of the allegations should be confined to the dates in the charges. The crown amended the charges, but they were not permitted to call evidence outside of the date range of the allegations. This compromised the prosecution's case. I prepared the file over the course of several trial dates. I worked closely with the client to prepare my client to testify. I also prepared extensive cross-examinations for each of the complainants. At the end of the trial, I made my closing arguments as to why the judge could not find the client guilty of any of the charges of sexual assault. The judge agreed with me, and the client was acquitted (found not guilty) of all charges. This left my client without a conviction and without a criminal record.