Successful Cases

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Successful Cases

Dangerous Driving

Serious Drug and Weapons Charges Withdrawn After Successful Charter Challenge – No Criminal Conviction

R v K.

Our client was charged with multiple serious Criminal Code and Controlled Drugs and Substances Act offences following a traffic collision investigation, including dangerous driving and weapons and drug-related offences arising from a warrantless vehicle search. During the search, police located items that formed the basis of the charges against the client. The client was subsequently arrested and detained for several hours. Although police advised the client of the right to counsel, they failed to properly implement that right, treating a qualified response as a waiver and never providing an opportunity to consult a lawyer during the lengthy detention.

We brought a Charter application alleging violations of our client’s rights under sections 8, 9, and 10(b) of the Canadian Charter of Rights and Freedoms. The defence position was that the police conduct demonstrated a pattern of disregard for well-established Charter protections and that the evidence should be excluded under section 24(2).

Following the Charter voir dire, the Crown acknowledged the vulnerability of its case. The matter was resolved on highly favourable terms: Our client entered a guilty plea to a non-criminal offence under the Traffic Safety Act and all criminal charges were avoided.

Dangerous Driving Causing Bodily Harm Charge Withdrawn After Disclosure Review

R v E.

Our client was charged with dangerous driving causing bodily harm, a serious offence carrying the risk of significant penitentiary time and a permanent criminal record if convicted at trial.

From the outset, we conducted a meticulous, line-by-line review of all disclosure, including civilian witness statements, police notes, scene evidence, and the theory of causation being advanced by the Crown. That review revealed critical credibility and reliability problems in the witness accounts, as well as inconsistencies that undermined the Crown’s ability to prove dangerous driving beyond a reasonable doubt.

We brought these evidentiary weaknesses to the Crown’s attention through focused pre-trial advocacy, demonstrating that the available evidence could not withstand scrutiny at trial. In particular, we showed that the key witness statements were internally inconsistent, unreliable, and unsupported by objective evidence.

As a result of this pre-trial advocacy, the Crown withdrew the dangerous driving causing bodily harm charge in its entirety, sparing the client the risk of trial and the devastating consequences that would have followed a conviction.

This case underscores the power of early, strategic disclosure analysis and pre-trial advocacy. When evidence is carefully tested before trial, even the most serious charges can collapse before courtroom litigation ever becomes necessary.

Full Acquittal at Trial – Dangerous Driving Causing Bodily Harm

R v M.

Our client was charged with two serious offences under the Criminal Code—dangerous driving causing bodily harm—following an incident where it was alleged that he intentionally drove his vehicle into a group of individuals outside a party. The case attracted significant attention due to the nature of the allegations and the fact that multiple people were injured.

The Crown elected to proceed by indictment, underscoring the gravity with which the case was being pursued and the potential for significant custodial penalties if convicted.

From the outset, we recognized that the allegations rested heavily on conflicting eyewitness testimony, intoxication at the scene, and assumptions about intent. Through meticulous trial preparation, we were able to identify serious reliability concerns in the Crown’s case, including inconsistencies in how events were perceived and reported by bystanders.

Over the course of the 5-day trial in the Court of King’s Bench, we cross-examined several civilian and police witnesses and highlighted critical gaps in the prosecution’s theory. The evidence did not support the required elements of dangerous driving.

After full trial, our client was acquitted of all charges. The presiding Justice found that the Crown had failed to prove the allegations beyond a reasonable doubt. Our client walked out of court completely exonerated.

This case is a powerful reminder that allegations, no matter how serious or emotionally charged, must be proven with reliable, credible evidence. Our firm is committed to protecting the presumption of innocence and defending clients facing life-altering charges in the most high-stakes criminal proceedings.