Legal Services

Charges

• Theft under/ Fraud/ Breach of Trust
• Robbery
• Assault
• Sex Assault
• Murder
• Weapons offences
• Drug Trafficking
• Production of Drugs
• Impaired Driving
• Immediate Roadside Prohibitions

Theft under/ Fraud/ Breach of Trust

This involves the taking of another person’s property, even temporarily, without the right to do so. It may also involve taking something – an item or money – one has a right to take, but then using it for purposes to one’s own advantage in a way that deprives the original owner of the use or value of the item or funds. A breach of trust occurs when one is in a position of trust and uses that position to either steal or defraud their employer of money or property. This occurs, for example, when an employee takes money from a till. The defences can include the denial of a person’s involvement, or that a person had a right to whatever was taken or converted.

Robbery

This is when violence or threats accompany a theft. It is more serious when a weapon is involved in taking property or money from another. The defences can include the denial of the event or of a person’s involvement. This offence includes the offence of theft itself so it can also be argued there was only a theft, but no threats or violence.

Assault (from domestic violence to sex assault)

This involves any unwanted contact, or contact without consent up to and including contact that results in serious injury. When done with a weapon it is assault with a weapon. Assaults causing injury may result in charges of assault causing bodily harm or aggravated assault. Defences to this category of charges can include a consent fight to self-defence, to defence in the assistance of a person one is under obligation to defend.

Sex Assault

Unconsented contact of a sexual nature can result in a charge for sex assault. This can be the case even where the contact was initially consensual but further contact is not consented to. Defences can range from a denial the incident occurred; that the activity was by consent; or that one was honestly mistaken as to whether there was consent. Defence of this category of charge is complicated by a number of exceptional rules of evidence which must be handled professionally while always advancing the client’s defence.

Murder

Is charged when a person causes the death of another when they intended to do so, or where a person causes harm to another that he/she knows is likely to result in death and is reckless as to whether death results. Murder may also be charged where, in the course of engaging in an unlawful act, a person does anything to another that he/she knows is likely to cause death and where a death does occur. Defences can include a denial of one’s involvement in the incident at all, or denial in participation in all aspects of the incident(s) that resulted in the wrongful death. There can be various defences based on what was intended that can be used to argue the crime committed may have been manslaughter rather than second degree murder, or second degree murder rather than first.

Weapons offences (including firearms)

Charges in this category range from unlawful storage of a firearm or possession of a prohibited weapon to possession of a loaded, restricted firearm. One can be convicted of carrying a weapon for a purpose dangerous where, for example, a knife is carried by a person whose purpose in carrying the knife is dangerous to the public peace or for the commission of an offence. Potential defences can include that one carried the weapon for self-defence alone, or that the item in question was not possessed as a weapon, but for some other purpose like work, for example.

With firearms one cannot possess legal ones without the appropriate licence, or by storing them in the lawfully approved way. The defences involved in firearms possession cases can be that a person did not know about the firearm, or have any control over the place it is found in, and, therefore, did not possess the firearm. As with drug offences, possession offences often involve challenges to the constitutionality of the search made by the police that uncovered the firearm. These arguments, which may include attacking the lawfulness of a search warrant, are usually complex and require familiarity with arguing breaches of the Charter of Rights. While not a direct defence to the charge, if successful, it can result in the exclusion of the firearm from consideration as evidence in the trial and therefore result in the charges being dropped or an acquittal due to lack of evidence.

Drug Trafficking

Involves the actual sale or distribution of drugs whether or not one receives money for the drugs. Defences include a denial of involvement in the allegations or that drugs were possessed but were for personal use.

Production of Drugs / Drug Labs

These offences generally involve persons found at or in buildings housing drug labs, or where information may link them to these places. Active participation in growing the plants, producing the synthetic drugs, or knowledge of the operation and control of access to the operation must be proven. Defences can include that a person was simply found at a place that contains a grow operation or lab but was not involved; that one did not know a grow operation or lab existed at a place they were found at; or that there is insufficient evidence of a person’s connection to a grow operation or lab producing drugs.

These cases very frequently involve defences based on the Charter of Rights including attacking search warrants, the manner in which the search was conducted, and various other issues and may result in all evidence seized being excluded. Where this is the case the charges are either dropped or the court will find the accused person not guilty.

Impaired Driving / over .08

If you are pulled over by the police at roadside and ultimately fail a breathalyzer test at the police station you will be charged with both of these offences. Impaired driving requires that it be proved that your ability to drive is impaired by alcohol or drugs, while the driving with a blood/alcohol ratio of 0.08.

These cases are defended often by attacking the steps taken in the investigation to ensure that the Police did not violate a person’s Charter rights. If they did, the remedy granted may be that the breath result is excluded from evidence and therefore there is no evidence of a person’s blood/alcohol level. The impaired charge can be defended by attacking the accuracy and number of observations of bad driving, or pointing out the lack of such observations.

Immediate Roadside Prohibitions (IRP)

These have become quite frequent since their introduction a few years ago. These do not result in a criminal conviction, but they do have serious consequences. A review under the Motor Vehicle Act can be done and the defences can include that it cannot be shown that you were the person driving at the time of the alleged infraction; that you were not offered a second test; that the roadside screening device reading was inaccurate whether due to improper use or recent alcohol consumption. Further, assistance can be provided in retrieving vehicles from the impound and with penalties that may arise subsequent to the IRP.