As many people are aware, British Columbia court records are available for free public viewing on the Court Services Online (CSO) website: https://justice.gov.bc.ca/cso/esearch/criminal/partySearch.do Surprising to some, the CSO website contains data entries for all matters before the courts: not just criminal convictions, but also outstanding charges for which accused persons, who are presumed innocent, have not […]
Charge: Administering a noxious substance; Assault. Issue: Whether there was sufficient proof of the identity of the suspect. Result: Mr. Mines was able to steer our client through the police investigation without any charges being recommended. No criminal record.
Charge: Assault with a Weapon. Issue: Whether it was reasonable to believe that our client possessed the weapon to defend himself or his property. Result: Mr. Mines was able to persuade Crown that, given the circumstances, it was not in the public interest to proceed with the criminal charge. Upon completing Alternative Measures, Crown Counsel […]
Today, the Canadian Victims Bill of Rights came into force. The Bill itself can be viewed at: http://laws-lois.justice.gc.ca/eng/acts/C-23.7/page-1.html The Act enacting the Bill, which also outlines the associated changes to the Criminal Code, can be viewed at: http://www.parl.gc.ca/HousePublications/Publication.aspx?Language=E&Mode=1&DocId=7935412&File=4&Col=1 In this blog post I’ll be taking a look at some of the provisions of this new […]
Our society has changed fundamentally ever since we collectively embraced the smartphone. The amount of information that we are able to store on these devices is limitless. As Justice Fish stated in the 2010 Supreme Court of Canada case of Morelli, “It is difficult to imagine a search more intrusive, extensive, or invasive of one’s […]
Charge: Excessive Speeding. Issue: Whether our client’s right to be tried within a reasonable period of time was breached. Result: Mr. Johnson was able to persuade Crown Counsel that the approximately 20 month delay from offence to trial breached our client’s Charter right to be tried within a reasonable time. Crown entered a stay of […]
Charge: Driving While Prohibited. Issue: Whether our client was aware that he was prohibited from driving. On conviction he faced a madatory minimum jail sentence. Result: Mr. Mines was able to persuade Crown that our client reasonably believed he was not prohibited. Crown therefore agreed to proceed on the lesser charge of Failing to Produce […]
Charge: Assault. Issue: Whether it was in the public interest to proceed with the criminal charge. Result: Based on rehabilitative steps our client had taken on his own initiative, Mr. Johnson was able to persuade Crown to proceed on a s. 810 Recognizance (“Peace Bond”). No criminal Record.
Charge: Assault (domestic). Issue: Whether it was in the public interest to proceed with the criminal prosecution. Result: Mr. Mines was able to persuade Crown counsel to stay the criminal charge upon our client enering into a peace bond. no criminal record.
Charge: Assault. Issue: Whether it was in the public interest to continue with the prosecution. Result: Mr. Mines was able to persuade Crown Counsel that our client was suitable for Alternative Measures. Upon completion of the program, Crown Counsel withdrew the charge. No criminal record.
Quite frequently people end up in our offices charged with shoplifting, or what is known in Canada as the offence of “Theft Under $5000” under the Criminal Code. Almost without fail, these people have never been in trouble with the criminal justice system before. They have jobs, if not careers. They have families. They often […]
Charge: 90 Day Immediate roadside Prohibition. Issue: Whether or not police obtained valid breath samples from our client. Result: We were able to provide evidence to the adjudicator that established that the breath machines had not been properly calibrated. The adjudicator agreed that no valid sample had been provided. Driving prohibition revoked. Our client was […]
