It is important to note that past results are not necessarily indicative of future results and that outcomes will vary according to the facts in individual cases.
R. v. D.B.
Client charged with Possession of Cocaine for the Purpose of Trafficking, Possession of Cocaine and Possession of Proceeds of Crime. Police received information that the client had stabbed someone the day before and went to his place to arrest him. They knocked on his door and lied about their identity. Upon opening the door, naked at the time, D.B. was arrested. He asked to put on pants and the police claimed that cocaine and money were in his pants pocket. I argued that the client’s rights under the Charter rights were infringed as the police entered unlawfully and further, that they had no right to arrest him in the first place.
Result: Charter application successful; all charges dismissed at the Superior Court of Justice.
R. v. T.C.
Police arrested T.C. after a chase through the hallways of an apartment building. Upon stopping him, they searched his pockets. I argued that they violated his rights as they had no grounds to stop and search him.
Result: Charter argument successful; Charges dismissed after trial.
R. v. A.F.
Client charged with Possession of Cocaine for the Purpose of Trafficking and Possession of Cocaine. Police stopped the client’s vehicle and upon searching the vehicle, discovered a quantity of cocaine and indications of trafficking. Client claimed that his rights under the Charter were violated.
Charges withdrawn after Charter application filed.
R. v. K.S.
Client charged with Possession of a Restricted Firearm with Ammunition and several other firearm related offences. Police officers in an unmarked vehicle were stopped at a traffic light beside K.S.’s vehicle. Police claimed that they saw K.S., the driver, smoking marijuana. They subsequently pulled over the vehicle and upon searching the vehicle, located a loaded firearm. It was the client’s position that his rights under the Charter were violated.
Result: After a contested preliminary hearing, the charges were stayed.
R. v. R.P.
Client charged with a “home invasion” (Robbery with a Firearm, Break and Enter, Possession of a Firearm; sawed off shotgun). It was alleged that the client broke into a home and robbed the owner. Police were called and allegedly found the client in possession of a sawed off shotgun. It was alleged that the client’s Charter rights were violated.
Result: All charges stayed by a judge at the Superior Court of Justice.
R. v. A.M.
Client charged with Possession of Ecstasy and Fail to Comply with Undertaking. Police officers stopped A.M. and began questioning him. They learned that he had earlier been charged and released on an Undertaking. Upon his arrest for this offence, they located ecstasy. It was our position that the police violated his Charter rights and had no reason to stop and detain him in the first place.
Result: All charges withdrawn.
R. v. O.P.
Charged with Possession of Cocaine. Police stopped the client in his vehicle and after a search, located a quantity of crack cocaine. It was our position that the police violated the client’s rights under the Charter of Rights and Freedoms in that there were no grounds to stop the vehicle or conduct a search.
Result: Charge was withdrawn after a successful Crown pretrial.
R. v. S.P.
Client charged with Assault. The complainant was attempting to get into the client’s apartment building unlawfully. The client would not permit this and it was alleged that he assaulted the complainant in the process.
Result: Charge withdrawn after a Charter application brought.
