All personal information has been edited to protect client privacy.
Two driving charges withdrawn at Provincial Offences Court: Tony’s Case
Careless driving contrary to Section 130 of the Provincial Highway Traffic Act
Driving a motor vehicle without a license contrary to Section 32 (1) of Provincial Highway Traffic Act
A car stopped at a red light on a Saturday night in Ottawa was rear-ended by a car that my client, Tony, was driving. After colliding with the vehicle, Tony dislodged his car from the other car and fled the scene. The driver and passengers of the car that had been hit were not injured and were able to provide Tony’s license plate number to police. Police arrested Tony at his home after he could not provide any reasonable excuse for leaving the scene of an accident.
STRATEGY AND RESULTS:
After I met with the Crown, it was agreed that these charges would be dropped at the Provincial Offences Court in Ottawa.
Fraud and theft charges withdrawn: Stephanie’s Case
Theft not exceeding $5000/Shoplifting contrary to Section 344(b) of the Criminal Code of Canada
Fraud not exceeding $5000 contrary to Section 380(1) (b) of Criminal Code of Canada
Stephanie was observed by security guards at Walmart trying to return 3 woman’s jackets that she had not purchased. The officers at the store had suspected Stephanie of fraudulent returns for several months. After having the return refused, Stephanie began shopping in the store. When leaving the store, she used a self-checkout machine. After she had left the building, the Walmart employee apprehended Stephanie and found that the items on her receipt did not match the items she was leaving with. The police were called and Stephanie was arrested, charged and released on an appearance notice.
STRATEGY AND RESULTS:
After my negotiations with the Crown, it was agreed that all charges against Stephanie would be withdrawn. The charges were withdrawn in Ottawa court.
Three drug related charges dropped: Benjamin’s Case
Possession for the Purpose of Trafficking (Marijuana) contrary to Section 5 (2) of Controlled Drugs and Substances Act
Possession for the Purpose of Trafficking (Cocaine) contrary to Section 5 (2) of Controlled Drugs and Substances Act
Possession of Property Obtained by Crime contrary to Section 354 (1) (a) of Criminal Code of Canada
Benjamin was observed by police making hand to hand transactions with two other males in Smiths Falls. Police found marijuana and cocaine, a digital scale, and other drug related paraphernalia belonging to Benjamin. Shortly thereafter, he was arrested and charged.
STRATEGY AND RESULTS:
After discussions, the Crown agreed to drop all charges against Benjamin. The charges were withdrawn in Perth Court.
Over 80 charge dismissed: Natalie’s Case
Operating a motor vehicle with a blood-alcohol concentration that exceeds eighty milligrams of alcohol in one hundred millilitres of blood contrary to Section 253 (1) (b) of the Criminal Code of Canada.
As she was driving away from an area where a loud party as taking place, Natalie was stopped by police. The officer who pulled her over conducted a road-side breath test, which Natalie failed. She was then taken by the officer to the police detachment for another breath test. After failing the second breath test, she was charged with Over 80.
It is well known that the consequences of an Over 80 conviction in Ontario are very serious. Those convicted often pay heavy fines, have their license suspended and are burdened with a criminal record. In this case, we set a goal to have Natalie avoid a criminal record. Natalie and I hoped we could have her charge dismissed.
I applied to have much of the evidence in this case excluded because the methods used to obtain it were in violation of the Canadian Charter of Rights and Freedoms sections 7, 8, 9, 10(b), 11(d) and 24(2). We filed a Charter application making the request. I felt like there were several problems with Natalie’s arrest:
- The officer who pulled Natalie over lacked the required reasonable grounds to stop and arrest her.
- Natalie was not given reasonable opportunity to choose her lawyer and contact him or her at the time of her arrest.
- The breath test conducted on the roadside was not done in a timely manner and the officer involved did not have a “Warrant to Search” which would authorize him to conduct the test.
The Judge in this case agreed with several of the arguments we made, and all charges against our client were dismissed at trial.
Three charges dismissed in impaired driving incident: Shannon’s Case
Impaired operation of a motor vehicle contrary to Section 253 (1) (a) of the Criminal Code of Canada.
Operating a motor vehicle with a blood-alcohol concentration that exceeds eighty milligrams of alcohol in one hundred millilitres of blood contrary to Section 253 (1) (b) of the Criminal Code of Canada:
Possession of 30 grams or less of cannabis (marijuana) contrary to Section 4(1) of the Controlled Drugs and Substances Act:
Police reported to the scene of an accident in North Grenville and found Shannon sitting near to a minivan that had collided with a hydro pole. One of the officers on the scene smelled alcohol in the van and conducted a breath test on Shannon, which led to a reading of ‘F’ or fail. Shannon was arrested and brought to the police detachment where she failed another breath test.
Before being released from the station, police officers found a small amount of marijuana in Shannon’s purse. A charge of possession of marijuana was added to her file.
Shannon was a very young woman at the time of her charge and so we made it a priority to have her avoid a criminal record. In addition, we did not want her to have her license suspended.
I believed that the police officers questioning Shannon violated her rights under Sections 7, 8, 9, 10(a), 10(b), 11(d), and 24(2) of the Canadian Charter of Rights and Freedoms. I argued that there were several problems with the arrest and processing of Shannon:
- There was a lack of proof regarding the times of the arrests and tests, and it was unclear whether they were conducted within the proper time frame.
- There was not sufficient evidence to prove that that Shannon was actually the driver in control of the van.
- Similarly, there was nothing that proved that the marijuana found in Shannon’s bag actually belonged to her, or that she actually knew it was there.
All the charges in this case were dismissed.
Over 80 and impaired operation charges dismissed: Peter’s Case
Impaired operation of a motor vehicle contrary to section 253 (1) (a) of the Criminal Code of Canada.
Operating a motor vehicle with a blood-alcohol concentration that exceeds eighty milligrams of alcohol in one hundred millilitres of blood contrary to section 253 (1) (b) of the Criminal Code of Canada.
On Innes Road, a witness saw a man drive his car into a light standard on a median. The witness, after seeing the collision, followed the driver as he left on foot. Later, paramedics arrived and Peter agreed to be examined in an ambulance before police arrived on the scene. When officers arrived, they smelled alcohol on Peter’s breath and administered a test that resulted in a reading of “F” or fail. Peter was then arrested and brought into the police station, where he failed two more breath tests.
I did not want Peter to be burdened with a criminal record, and we wanted him to be able to keep his license. When Peter hired me to represent him, I wanted to do everything possible to have his charges dismissed or dropped.
I believed that the Crown was in violation of Peter’s rights under Sections 11(b), and 24(1) of the Canadian Charter of Rights and Freedoms. I thought there to be several problems with the administration of the trial:
- After multiple adjournments, the Trial commenced more than 19 months after charges were laid.
- The delay of the proceedings was largely caused by the fact that not all efforts to serve a witness in the trial were exhausted. Peter’s right to a trial within a reasonable time was violated.
According to the judge in trial, not enough had been done by police to locate a witness in this case that had relocated to British Columbia. That was one of several issues that caused Peter to have his right to a trial within in a reasonable time violated. The charges were dismissed.
No criminal record stemming from fraud charges: Chantal’s Case
Fraud contrary to Sections 380(1)(b), 462.31(1)(a), and 354(1) of the Criminal Code of Canada
After several trips to Walmart where she returned and purchased various items, my client Chantal was arrested for fraud. It was alleged that she attempted to return store merchandise without first purchasing it and received a refund in gift cards. A loss prevention officer reported that he performed an investigation and after observing Chantal’s conduct, he placed her under arrest.
Read the Summary of Police Allegations
Chantal is a professional with a family and needed to avoid a criminal record and severe penalties.
STRATEGY and RESULTS:
I sought to have Chantal enter into a diversion program and avoid criminal prosecution. I worked to have her enter a theft prevention course and make restitution. Ultimately, the Crown agreed to drop all of the criminal charges and the case was concluded with Chantal maintaining a clean record.
Robbery and firearm charges result in no prison time: Jason’s case
Robbery with a firearm contrary to Section 344 (1) (a) of the Criminal Code of Canada.
Pointing a firearm contrary to Section 87 of the Criminal Code of Canada
Uttering a threat to cause bodily harm contrary to Section 264.1(1) (a) of the Criminal Code of Canada
Jason entered a neighbour’s house insisting that the neighbours call 9-1-1 as he said he had just located two poachers driving all-terrain vehicles, and that he was going to hold them at gunpoint until police arrived. Before leaving the house, Jason showed his neighbours the .22 caliber rifle he was holding.
When police arrived, they spoke with Jason, who at that time was still carrying his rifle. He said that he had to let the vehicles go, but that police should be able to find them driving on a nearby road. Later in the evening, police received another 9-1-1 call from one of the ATV drivers. The drivers said that they had been held at gunpoint and robbed. He was later arrested for robbery with a firearm, pointing a firearm, and uttering physical threats.
The charges Jason faced were very serious and if Jason were convicted, he would be facing a minimum four year penitentiary sentence. It was my belief that Jason was a non-violent person who was caught in a strange set of circumstances. I knew it would be difficult to have Jason avoid being convicted of an offence, but I wanted to ensure that he did not spend any time in prison.
I wanted to highlight the fact that Jasonwas not dangerous, and that he never had any intention to use a firearm. He even went out of his way to show his neighbour that his rifle was not loaded. I also worked diligently to gather several character witness statements in this case that would help to have Jason’s sentence be as minimal as possible.
After lengthy and involved discussions with the Crown attorney, this case was resolved without any jail sentence whatsoever. This really was the best possible outcome we could have hoped for in this case.
7 Counts of Criminal Charges Dropped After Signing of Peace Bond: Daniel’s Case
Uttering Death Threats contrary to section 264.1 (1) (a) of the Criminal Code of Canada
Mischief (2 counts) contrary to section 430 (1) (c) of the Criminal Code of Canada
Assault (4 counts) contrary to section 266 of the Criminal Code of Canada
Daniel was involved in a very serious incident with his wife that resulted in him facing seven criminal charges. According to his wife and another witness, Daniel phoned his wife and threatened to kill her after she discovered he was cheating on her and informed the husband of the other woman involved. When Daniel returned to the house, he kicked in the door, and broke a fish tank and telephone. He pushed his pregnant wife after she tried to physically prevent him from going upstairs in the house. Once upstairs, Daniel broke his wife’s laptop by smashing it on the floor. Afterwards, he would not let his wife leave their son’s room and he bit her on the hand.
Two additional charges were laid after Daniel’s wife was asked by police about past incidents.
In this case, it was important for me to get the best possible result for Daniel while at the same time helping him to take responsibility for his actions. My first goal was to assist Daniel with bail conditions, as he had one young child and his wife was pregnant. I hoped to get Daniel the help he needed while at the same time not having him serve time in prison.
I submitted several requests to have Daniel’s bail conditions varied, and worked to enroll Daniel in a Partner Assault Response (PAR) program. Through this program, I hoped Daniel would receive the education and counselling he needed and that we could have this matter resolved with the signing of a peace bond.
We achieved the best possible result in this case. I was able to have Daniel’s bail conditions varied to allow him to visit with his child and to be present for the birth of his second child. Daniel attended all of his PAR program meetings and successfully completed the program. He signed a peace bond with conditions and was able to avoid both prison and a criminal record.
Diversion Program the Solution in Assault Case: Kyle’s Case
Assault contrary to section 266 of the Criminal Code of Canada
In a residence building on a post-secondary school campus, a young woman reported that an intoxicated young male unexpectedly knocked on her door and forced himself into her room. She said that she tried to stop him from entering before being pushed by the male and punched in the face. My client, Kyle, was arrested and charged for assault as it was believed he was the man who entered the residence room.
As Kyle was a student and a very young man, I did not want him to be burdened with a criminal record. Kyle understood that he had made a mistake, and so I sought out different options that would allow him to avoid both a criminal record and spending time in a facility.
I wanted to have Kyle enter into a diversion program rather than be convicted of a criminal offence. I worked with the Crown and the diversion office at the Ottawa Court House to try and make this happen.
Kyle was instructed to complete 35 hours of community service and to submit a letter of reflection. Kyle successfully completed his direct accountability program. He volunteered for more than the required hours at a Church that gives out meals to the homeless. Kyle enjoyed his time volunteering and learned a lot from the experience. After completion of the program, his charges were withdrawn. He has no criminal record and the fingerprints and booking images taken by the Police have been destroyed.
Posession of Unstamped Tobacco Charges Defeated: David’s Case
Possession of Unstamped Tobacco contrary to Section 32 (1) of the Excise Act
The RCMP was notified by the Canadian Border Security Agency in the Cornwall area about a suspicious car. David was seated in the passenger seat of the car in a parking lot when two RCMP officers arrived and approached the car. While speaking with the man in the driver’s seat of the car, one RCMP officer noticed a blanket covering items on the floor of the backseat. The officers proceeded to search the vehicle and find 150,000 contraband cigarettes. David was arrested by the officers on site and charged with possession of unstamped tobacco.
I was hopeful that we could resolve this matter without David having a criminal record, or paying a very severe (nearly $40,000) fine.
There were a lot of questions surrounding the behaviour of the officers during the search of the car and in David’s arrest. It was my opinion that David’s Charter Rights were violated. I filed an application that sections 7, 8, 9, 10(a), 11(d) and 24(2) of the Canadian Charter of Rights and Freedoms had been violated. I argued that:
- The items found in the car, all statements made by David and the other accused, and observations by the police were found without probable and reasonable grounds and should be excluded as evidence;
- Timothy was not given his proper Rights to Counsel by the police during the time of the arrest. The officers arrested my client “from memory” and, in my view, did not properly advise David that he had the right to contact counsel of his choice by telephone;
- The detention of my client was unlawful;
- Officers failed to properly inform my client of the reason for his arrest;
- My client was put in touch with duty counsel by default;
- There was no warrant for the search of the car; and
- The vehicle was searched unreasonably
All charges in David’s case were withdrawn.
Assault Charges Stayed by Court: Stephen’s Case
Assault Causing Bodily Harm contrary to Section 267 of the Criminal Code of Canada
Stephen attended a house party on New Year’s Eve. As the night wore on, the party got out of hand and people were being asked to leave. A taxi was called to the house, and the driver picked up a fare of three young women who then asked him to wait at the house for a fourth female to join the group. The taxi driver said that while waiting, a young man began banging on the window of the taxi. The driver said that after telling the youth to stop, he was punched in the face and then assaulted by a group of young males. My client was charged with assault causing bodily harm after it was believed that he was the youth who banged on the window of the cab and initiated the assault of the taxi driver.
As a youth and full-time student, it was very important to have Stephen avoid a criminal record. Although there were serious challenges in this case, we were hopeful that we would be able to show that there was not sufficient evidence to convict Stephen.
The facts in this case were difficult to obtain, and I believed there were important details about the incident that were not made clear from the police investigation. Because of this, I hired a private investigator to look into the incident further. Through several witness statements, it became clear that there were conflicting reports as to what exactly happened in the incident. Some witnesses recalled that the taxi driver had been violent and had hit the youths that were near his cab; others said they did not believe Stephen had participated in the assault of the taxi driver.
I was able to show that there was not enough evidence to convict Stephen of assault, and that the evidence provided by different witnesses in the case was not consistent. All charges against my client were stayed by the court. Stephen has no criminal record.
Over 80 Charge Defeated
A young woman’s criminal charge of driving with a blood alcohol level of over .80 received excellent news today. Criminal defence lawyer Richard Auger brought two Charter applications to argue that her rights had been violated. Today, the judge indicated that he agreed that the client’s rights to counsel and a trial without delay had been violated. The charge was dismissed and she has no criminal record.
First Degree Murder Charges Acquitted – Breaks Decade-Long Record of Conviction
Richard and another lawyer represented a man accused of first degree murder. The three-week trial ended with an acquittal, marking the first time in 10 years that an Ottawa jury has freed a person charged with murder. Location: Ottawa, Ontario.
Sexual Assault Charges Dropped – Ottawa Criminal Lawyer gets Charges Dropped Against Doctor
Richard represented a physician charged with sexual assault. He cross-examined the complainant alleging sexual assault, which resulted in the charges being withdrawn at the end of the preliminary hearing. Location: Pembroke, Ontario.
Crown Attorney Abandons Sexual Assault Case
Richard was co-counsel on a jury trial for sexual assault, involving significant pre-trial work up and investigation to obtain records and other evidence to discredit the complainant. Based largely on Richard’s pre-trial preparation, senior counsel was able to discredit the complainant at the beginning of the trial. The Crown attorney abandoned the prosecution shortly after the trial started. Location: Toronto, Ontario.
Ottawa Extradition Lawyer: Extradition Application Quashed
Ottawa extradition lawyer Richard represented a defendant in an application for extradition of a person wanted in the U.S. on fraud allegations relating to a $500,000,000 fraud against the City of Philadelphia. After two weeks of hearings the extraditions judge agreed with Richard’s argument and the application for extradition was dismissed. Location: Toronto, Ontario.
Application for Extradition to Philippines Denied
Criminal lawyer Richard Auger represented a woman in an application by the Philippines for her on fraud charges. Richard was successful in having application denied. Location: Toronto, Ontario
Note: The previous two extradition cases are important because normally extradition is granted in Canada almost automatically. It is very difficult to defeat a request for extradition.
Tow Truck Driver Retried and Convicted
Richard successfully prosecuted a tow truck driver who killed a pedestrian in the course of his employment. The tow truck driver had been acquitted at a prior trial. Richard took over the case and was successful on appeal. He then tried the case and won a conviction. Location: Toronto, Ontario.
Ottawa Lawyer: Convictions Overturned and Charges Dropped
Five university students were charged and convicted in connection with a property dispute on University property. When convicted, they were represented by another lawyer. Richard took over the case and succeeded in overturning the convictions. Then he persuaded the Crown prosecutor to withdraw all of the charges. Location: Ottawa, Ontario.
4 Serious Sexual Assault Charges Dropped
A man approached another lawyer, who advised him to plead guilty to 4 serious sexual assault charges in exchange for a 3-year prison sentence. The defendant hired criminal defence lawyer Richard instead, who successfully persuaded the Crown to withdraw the charges. Location: Ottawa, Ontario.
No Charges Against Defendant
Richard represented a man who had been involved in a bar fight where he killed another person. The defendant was under investigation for murder. Richard negotiated with the police and Crown attorneys, which resulted in no charges whatsoever being filed against the defendant. Location: Smiths Falls, Ontario.
Doctor Not at Fault Following Inquest
Richard represented a doctor at a coroner’s inquest relating to the care of a kidney dialysis patient who died. The specific complaints dealt with issues regarding transportation, hospital and resource distribution/allocation issues as well as the doctor’s care. After five weeks, the jury made no criticism or recommendation relating to the doctor’s treatment, which was an excellent outcome. Location: Peterborough, Ontario.
Doctor Wins $40,000 for House Calls
Richard represented a doctor in a billing dispute with OHIP. OHIP took the position that the doctor was not permitted to bill OHIP for house calls. The Medical Review Committee agreed with Richard, resulting in OHIP repaying the doctor $40,000. This case had a positive impact on other doctors with the same issue, resulting in payment to other physicians of $160,000. Location: Toronto, Ontario
Ottawa Criminal Lawyer Gets Acquittal after Trial
Mr. Justice Wake acquitted a youth today after a two-day criminal trial for dangerous driving in the Ontario Court of Justice. Ottawa defence lawyer Richard Auger skillfully cross-examined the Crown’s witnesses, leaving the judge with reasonable doubt about whether an offence had been committed. The young person accused of dangerous driving was delighted with the result.
If you have been charged with dangerous driving or a related offence, you could face a criminal record. Speak with an experienced criminal defence lawyer before you decide what to do about your crimnal charges. Contact Ottawa Criminal Defence lawyers here.