Resources
Drugs & the Charter
The Charter of Rights and Freedoms protects all Canadians from being arrested arbitrarily (section 9) and also from being searched unreasonably (section 8). If you’re facing a drug charge but your Charter rights were violated by the police that arrested you, it may be possible to have key police evidence excluded from your trial. Getting the drugs themselves excluded will often result in the judge dismissing the charges against you or the Crown Attorney may simply withdraw the charge against you.
In Canada the police cannot arrest someone simply because they’re suspicious that person has committed a crime, there needs to be “reasonable and probable grounds” for the arrest. In drug cases, police often make arrests after receiving tips from confidential informants. But not just any tip from any informer can be used to justify an arrest; at trial a judge will consider the detail in the tip, whether the informer is credible, and how police corroborated the tip with their own investigation.
Without a warrant, police cannot search a person’s vehicle, unless there is a “reasonable prospect” of finding evidence that relates to the crime that a person has just been arrested for. For example, police cannot arrest someone for a traffic violation and then search their vehicle for drugs. That would be breaching a person’s rights under section 8 of the Charter.
Police strip searching someone they’ve arrested for drug charges might also result in a section 8 Charter breach. Strip searches are only allowed if there is something specific about the arrest that indicates a strip search is necessary. And even if a strip search is necessary, police must follow very specific steps when conducting the search.
Before deciding to plead guilty to a drug charge, make sure you discuss your Section 8 and Section 9 Charter rights with a lawyer. Our firm has a record of vigorously defending our clients’ Charter rights.
Impaired Driving
If you’ve been arrested for impaired driving, or for driving with over 80 mg of alcohol in your blood, call a lawyer as soon as possible. While it may be tempting to wait until just before your first court date to hire a lawyer, there are significant advantages to making a plan well in advance.
- The Criminal Code and the Charter of Rights & Freedoms hold the police to a very high standard of conduct when they stop, arrest, process and charge a person for driving offences involving alcohol or drugs. If the police fail to meet these standards, then the evidence that they have gathered may not be allowed to be presented at court. The charge may then be withdrawn by the Crown or dismissed by a judge.
- If you plead guilty or are found guilty, the penalties can be significant, including a fine over $1,000, no driving at all for 3 months at minimum, and a drastic increase in your vehicle’s insurance premiums.
- If you decide to plead guilty, the sooner you enter your plea and are sentenced, the sooner you can begin driving again. A lawyer can arrange with the court to get your case heard as soon as possible, including having you participate by audio conference call, if the courts are not sitting regularly.
A thorough assessment by a lawyer of both the police investigation and of the potential sentence is an important step to determine whether or not a plea of “Not Guilty” should be made.
Our firm has extensive experience assisting clients charged with driving offences; we will discuss your case with the Crown Attorney beforehand, argue to the judge about what the right sentence should be, and help you follow the steps you need to take to get the best possible result.
Sexual Assault
When it comes to the charge of sexual assault, there are a lot of myths and misinformation out there. For example, when people think of “sexual assault,” they sometimes think it can only mean one thing – what used to be known as “rape.” Actually, the charge of sexual assault covers a wide range of types of touching. Some people also think that an assault can only be “sexual” if it’s done for a sexual reason. That’s not true either. Many people believe that police need DNA evidence, or statements from several witnesses, to lay a charge of sexual assault, but they don’t.
Being involved in a sexual offence case in any way can be very upsetting. Whatever the ultimate verdict in the case, sexual assault charges can cause huge amounts of stress and leave reputations and family relationships severely damaged.
If you are involved in a sexual assault prosecution in any way, accurate and clear information from an understanding professional is very important so that you know your rights, understand the process, and have help along the way.
Please call us to see if we are able to help in your situation.