CASE RESULT R v S.G.Y – Twelve Charges. Zero Convictions. Domestic assault and firearms charges — withdrawn in full What Our Client Was Facing A young man in Toronto was arrested after an argument with his partner. By the end of the night, police had searched his condominium, seized his lawfully licensed firearms, and laid twelve criminal charges: Assault — […]
R v S.G.Y — 12 Charges, Zero Convictions: Assault & Firearms Charges Withdrawn
R v HY – Three Sexual Assault Charges Resolved to a Single Assault Count — Conditional Discharge
CASE RESULT Charges Three counts of sexual assault, s. 271 of the Criminal Code Court Ontario Court of Justice, Toronto Result Guilty plea to one count of assault, s. 266 — conditional discharge The situation Our client was a 22-year-old international student. Within days of the start of her first semester, following a night involving alcohol, the client was charged […]
R v LYC – All Firearm Charges Stayed
The Background LYC was charged with possession of a loaded prohibited firearm (s. 95(2)), carrying a concealed weapon (s. 90(2)), and careless carriage of ammunition (s. 86(3)) — all stayed. No conviction. No criminal record. Mr. LYC was eating late-night Korean BBQ with acquaintances when police arrived on a report that someone at his table had threatened a man with […]
Common Defence of Sexual Assault Charge (s.271 of the Criminal Code): How Canadian Consent Law Shapes the Defence
A practical guide to the consent issues that decide most sexual assault trials in Canada Almost every contested sexual assault trial in Canada turns on a single word: consent. Identity is rarely in dispute. The fact that sexual touching occurred is often admitted. What is fought over is whether the complainant agreed, whether she was capable of agreeing, and whether […]
What is a surety?
People sometimes will get a phone call from their friends or loved ones asking them to act as a surety. So, what is a surety and can I be a surety? The focus of this article is to answer these two questions. When people are arrested for criminal charges, there are usually three different releases: release by the police on […]
R v DR – Illegal police arrest led to withdrawal of all charges
DR was a contractor who would buy tools from other people on Facebook Marketplace. On the date of the arrest, he attended a parking lot at nighttime for the purpose of buying tools from someone he met online. While in the parking lot, an officer showed up with an unmarked police car. For unknown reasons, the officer decided to block […]
R v H.J. – Firearm charge was withdrawn due to illegal police search
H.J. was assaulted by his ex-girlfriend. H.J. called police who then came and arrested the ex-girlfriend in the lobby of his condo. After making the arrest, the police questioned H.J. whether he had any firearms registered under his firearm licence. After H.J. answered yes, the police asked H.J. to show him the firearm inside his condo unit. H.J. led the […]