Entries by admin

R. vs. D.L. – Vancouver Provincial Court

Charge: Theft Under $5000; Assault. Issue: Whether it was in the public interest for the Crown to continue with the criminal prosecution. Result: Notwithstanding that our client was accused of assaulting the loss prevention officer that apprehended her for shoplifting, we were able to persuade Crown to allow our client into the Alternative Measures Program. […]

NYPD “Stop and Frisk” Powers: A Canadian Perspective

Clearly it was not Mayor Bill de Blasio that pulled the trigger that killed two of New York City policemen, but many of New York’s Finest and their supporters are reacting as though the mayor has blood on his hands. When officers Wenjian Liu and Rafael Ramos were gunned down in cold blood on a […]

R. vs. D.W. – Vancouver Provincial Court

Charge: Assault Causing Bodily Harm (domestic). Issue: Considering our client’s past criminal record and the significant injury to the complainant, whether our client would be sentenced to the jail sentence  sought by Crown. Result: After hearing Mr. Johnson’s submissions, the trial judge sentenced our client to 2 years probation with various conditions. No jail.

The Supreme Court of Canada’s latest word on Cell Phone Searches

Recently, the Supreme Court of Canada in R. v. Fearon solidified the law in Canada regarding police searching suspect’s cell phones, without a warrant, when they are arrested. In this article we will not be reviewing the law as set out in the majority judgment. It is indexed as 2014 SCC 77. The bulk of […]

R. vs. W.C. – Vancouver Provincial Court

Charge: Theft under $5000 (shoplifting). Issue: Whether it was in the public interest to proceed with the criminal charge. Result: Based on the rehabilitative steps our client initiated, we were able to persuade Crown Counsel to allow her into the Alternative Measures Program without approving any charge. No criminal record.

Canada’s new Prostitution Laws: Ending the World’s Oldest Profession

December 6 is the day that Bill C-36, Protection of Communities and Exploited Persons Act comes into force. On that day, new Criminal Code sections aimed at combating prostitution in Canada come into effect. The new laws were passed in Parliament earlier this year. They were passed in response to the Supreme Court of Canada’s decision […]

Therapy Dogs: new participants in the courtroom

On December 2, 2014, a judge in an Alberta courtroom allowed a specially trained type of therapy dog, known as a trauma dog, to assist a young girl while she gave evidence at a sexual assault trial. This was a first in Canada. Later that week it is expected that her brother will take the […]

Ghomeshi: Proper Venue is Criminal Court

After a month of speculation, former CBC host Jian Ghomeshi appeared in a Toronto courtroom today, charged with four counts of Sexual Assault and one count of Overcoming Resistance by Choking. These charges are extremely serious, carrying a potential life sentence. His lawyer, Marie Henein, indicated that Mr. Ghomeshi will be pleading not guilty. He […]

R. vs. Y.C. – Richmond Provincial Court

Charge: Sexual Assault. Issue: Whether key evidence would be admissible at trial due to police breaching our client’s Charter rights. Result: Prior to the start of a 15 day trial, we were able to persuade Crown Counsel to drop the sex assault charge and to proceed on the much less serious offence of voyeurism. Rather […]