R v AH
Client was charged with Robbery, Break and Enter with Intent, Theft of a Motor Vehicle, Assault with a Deadly Weapon, and Assault Causing Bodily Harm. The Crown had video surveillance and witness statements. At the Crown Pre-Trial we were able to point a long list of issues related to the surveillance and the motive of the witnesses. At the Judicial Pre-Trial, the Judge agreed with the Defence’s position and encouraged the Crown not to proceed with these charges. At the client’s next court date, all of the charges were withdrawn.
R v JM
Client was charged with a serious robbery using a firearm. He was not charged at the scene. Client was later identified by police and charged. Clients girlfriend testified as a surety at his bail hearing conducted by duty counsel and indicated that he could not have been the suspect as they were together out of town a significant distance away from the robbery. Justice of Peace detained the client. We successfully got clients robbery and fail to comply charges withdrawn before a preliminary hearing by filing an alibi defence and responding materials to Nikolovsky evidence tendered by Crown. Our position remained that there were no significant similarities other than skin colour tying our client to the suspect of the robbery. Strategic choice made to proceed in this fashion given clients in custody status.
R v KA
Client was charged with discharging a firearm with intent in a gang related shooting over territory. Matter proceed by way of a judge and jury trial. Successfully argued adjournment application due to late disclosure. Successfully argued for Parks challenge cause application to eliminate partial juries based on race. After jury selection proceeded to pre-trial motions. Argued exclusion of evidence application regarding shell casings and firearms found inside the accused dwelling after a search warrant execution; unsuccessful. Some witness testimony put our client at the scene of the shooting. One video surveillance footage showed a man wearing gray pants and orange insignia on his shoes running from the scene. One witness had also described the shooter to have been wearing this exact outfit. We successfully argued an alternate suspect application. Serious issue for the Crown’s case; trial proper did not proceed, all charges withdrawn.
R v EG
Client was charged with numerous counts related to possession of a firearm and Discharge with Intent. The charges resulted from a gang shooting between rival members. There was surrounding surveillance video and the gun was recovered on the scene. Client was found not guilty on all counts after a lengthy trial.
R v TF
Client faced with drug and firearm charges including an attempt murder. Police had conducted a wiretap investigation on our client because of a homicide investigation. Police alleged client was involved in a drug trafficking operation and seeking revenge against a rival gang member as retaliation of a robbery of a “trap house”. Clients motor vehicle was the subject of a take-down en route to what police alleged was going to be a murder of the rival gang members. Client was discharged at preliminary hearing on attempt murder based on defence submissions on insufficient intent to make out attempt murder.
R v WR
Client was charged with Possession of Cocaine and Fentanyl for the Purpose of Trafficking as well as charges related to Possession of a Firearm. We argued that his right to be secured against unreasonable search and seizure and his right not to be detained arbitrarily were breached. As a result, the evidence seized by police was excluded and the client was found not guilty at trial.
R v DL
Client was a youth suffering through multiple life traumas. He was charged with Aggravated Assault and Possession of a Deadly Weapon. We got him counselling and helped him secure housing. After negotiations with the Crown, the Aggravated Assault charge was replaced with a simple Assault and his Possession of a Deadly Weapon charge was withdrawn. The client completed counselling and his remaining charge was withdrawn.
R v JP
The Client was charged with multiple counts of domestic assault against his wife. He had a long record for drug and weapon related offences. The Client was adamant about his innocence. His wife’s statement to police as well as the police memo book notes and Scene of Crime Photos created a lot of doubt as to her version of events. Under cross-examination, she admitted that she lied to police multiple times during her statement and exaggerated the events. The client was found not guilty on all counts.
R v JW
Client was charged with drug possession for the purpose of trafficking, possession of a loaded firearm, and possession of proceeds of crime. We discovered many Charter violations and argued ss. 8, 9, 10(b), 24(2) Charter motions in a blended trial matter with possession of a firearm, possession for the purpose of trafficking, etc. We also alleged racial profiling by police as we believed there was no reasonable and probable grounds to detain the client in the fist instance other than him having been in a poor neighbourhood labelled a ‘hot zone’. Succeeded on the Charter. All evidence excluded and charges stayed.