Successful Cases

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Successful Cases

Drug Offences

Serious Drug and Weapons Charges Withdrawn After Successful Charter Challenge – No Criminal Conviction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

Drug Trafficking Charges Withdrawn

R v M.

Our client was charged with possession for the purpose of trafficking cocaine—an extremely serious offence carrying the risk of lengthy imprisonment. From the outset, we conducted a meticulous review of the disclosure and identified multiple Charter violations arising from a roadside stop, including failures to comply with the client’s rights under sections 8, 9, and 10 of the Charter. After these breaches were raised with the Crown, the prosecution agreed that the evidence was constitutionally compromised, and the charges were withdrawn in their entirety.

Major Fentanyl Trafficking Case Resolved Without Jail Through Strategic Pre-Trial Advocacy

R v D.

Our client was charged with numerous serious offences under the Criminal Code and the Controlled Drugs and Substances Act, including possession for the purpose of trafficking fentanyl—an offence that routinely carries lengthy jail sentences in Canada. If convicted at trial, our client was facing the very real prospect of multi-year incarceration.

From the outset, we conducted a meticulous review of disclosure and an in-depth assessment of the client’s personal background, addiction history, and rehabilitative prospects. That analysis revealed a critical, case-altering opportunity: our client qualified for Drug Treatment Court, a highly selective program aimed at addressing the root causes of addiction and criminal behaviour.

We advanced a targeted pre-trial resolution proposal to the Crown, supported by legal argument and a comprehensive rehabilitation plan. The Crown accepted the proposal, allowing the client to enter Drug Treatment Court in lieu of proceeding toward a conventional prosecution and trial.

Through the successful completion of the program, the client was able to avoid jail altogether, achieving a non-custodial disposition in a case that otherwise would have almost certainly resulted in significant jail time.

This case powerfully demonstrates the importance of early, strategic pre-trial advocacy. Even where charges appear overwhelming and the odds seem long, a careful legal strategy, combined with creative problem-solving, can produce life-changing results. Seemingly hopeless cases can still be winners.