R v. J.C.
Result: Charges withdrawn
J.C. was charged with impaired driving and resisting arrest after a police officer attended his house based on an impaired driving complaint. The police officer could not find J.C. and unlawfully entered his backyard and began looking through the house windows. He observed the client and signalled him to come to the door where the officer observed obvious signs of impairment. The officer arrested J.C. and tried to drag him out of the house. J.C. fought back and refused to go down easily. As a result of the brief struggle, J.C. was charged with resisting arrest. At the police station, J.C. refused to provide a sample of breath.
The matter was set for trial and Cory Wilson filed a lengthy Charter Notice outlining all of the unlawful acts during the arrest. Crown was unaware of the law in this area and Cory Wilson explained to the prosecutor how there would be no likelihood of conviction. As a result, the Crown withdrew the charges and J.C. was left with no criminal record.
R v. C.B.
Result: Charges withdrawn
C.B. was charged with impaired driving and driving over 0.08 after being pulled over by police on a secondary highway. C.B. had spent the day by a river drinking with her friends and made the unfortunate decision to drive home. Police observed her vehicle swerving within her lane and then crossing the middle line several times. After being pulled over, police noticed a strong smell of alcohol coming from C.B. and she admitted to drinking. She was taken from the vehicle and for reasons unknown, was wearing no pants. She attempted to put on her pants and fell into the vehicle.
As a result of the observed indicia of impairment, C.B. was arrested for impaired driving. After reviewing the police dashcam video, it was evident that the arresting officer did not have sufficient grounds to arrest C.B. and should have done a roadside test. Cory Wilson approached the prosecutor and convinced him that there was no likelihood of conviction. As a result, the charges were withdrawn well before trial.
This was the best possible outcome for the client.
R v. B.S.
Result: No criminal charges for fatality
B.S. was driving his truck when he struck and killed a pedestrian crossing a crosswalk. After a lengthy investigation, B.S. was charged under the Traffic Safety Act with failing to yield to a pedestrian in a crosswalk.
The police spent a significant amount of resources on the file and the prosecution was contemplating laying criminal charges. Cory Wilson was retained and was able to convince the prosecutor to resolve the matter under the Traffic Safety Act to a $1,500 fine and a 30-day driving prohibition.
This was a great outcome for B.S. given what was such a terrible tragedy.
R v. P.O.
Result: Reduced the charge to a Traffic Ticket
P.O. was travelling on a rural highway at over double the speed limit. He failed to navigate a turn and went airborne, flying over a river and crashing the vehicle onto an unsuspecting farmer’s backyard.
Police arrived and charged P.O. with dangerous driving. The offence not only carries a criminal record if found guilty but also an automatic one-year driving suspension.
After lengthy resolution discussions with the Crown Prosecutor, Cory Wilson was able to have the criminal charge reduced to careless driving under the Traffic Safety Act. As a result, P.O. was left with no criminal record and faced only a small fine.
R v. R.S.
Result: Charges Withdrawn. No Criminal Record.
R.S. was charged with possession of cocaine for the purposes of trafficking and proceeds of crime. After a tip from the public, police began an investigation into a drug dealing operation including surveillance on R.S.’s activities. After what police believed to be activity consistent with drug trafficking, R.S.’s vehicle was pulled over and he was arrested. Police searched the vehicle and found cocaine, a cell phone and a small amount of cash.
After reviewing the disclosure, Cory found a significant issue with the search of R.S.’s vehicle. Police did not have grounds to arrest R.S. and the search was unlawful. After resolution discussions with the Crown, Cory was able to resolve the matter by having R.S. enter into the Alternative Measures Program in which he completed community service hours and the charges were withdrawn. As a result of this resolution, R.S. was left with no criminal record for this incident.
The was the best possible outcome for the client.
R v. C.F.
Result: Charges Withdrawn. No Criminal Record.
C.F. was charged with a number of offences including possession for the purposes of trafficking after he was pulled over during an impaired driving investigation. During a search of C.F.’s vehicle, police found a large quantity of individually wrapped baggies of cocaine, multiple cell phones and cash. C.F. was heavily intoxicated and told police he was a drug dealer.
After reviewing the disclosure, Cory found a significant breach of C.F.’s right to be free from unreasonable search and seizure. The matter was set for trial and Cory filed a Charter Notice seeking the exclusion of among other things, the evidence of cocaine found in the vehicle.
On the morning of trial, the Crown agreed with Cory and withdrew the charges. This left C.F. with no criminal record for this incident.
This was the best result for the client.
R v. M.B.
Result: Charges Withdrawn. No Criminal Record.
M.B. was charged with trafficking cocaine and proceeds of crime after a police investigation into a drug dealing ring involving multiple suspects. A search warrant was executed at a location that M.B. was observed entering multiple times. A significant amount of cocaine, cutting agents, cash, scales, baggies and score sheets were found. M.B. pled not guilty and proceeded to trial.
At trial, the issue was whether the Crown could prove M.B. was in possession of the drugs. Cory cross-examined multiple police officers who were unable to confirm seeing M.B. make any hand-to-hand transactions or carrying bags out of the stash house. Cory informed the trial judge that he was going to make a directed verdict application (asking the judge to dismiss the charges for lack of evidence prior to the conclusion of the trial). Based on the strength of Cory’s cross-examinations, the Crown instead withdrew the charges.
Having charges withdrawn was the best outcome after proceeding to trial.
R v. H.T.
Result: Charges Withdrawn. No Criminal Record.
As a result of a Crime Stoppers tip, police conducted an investigation into a suspected dial-a-doper operation. Police raided H.T.’s house and significant quantities of methamphetamine, cash, multiple cell phones, scales and baggies. H.A. was charged with possession for the purpose of trafficking and proceeds of crime.
After reviewing the disclosure, Cory found significant defects with the Information to Obtain a Search Warrant which would form the basis for an exclusion application under Section 8 of the Canadian Charter of Rights and Freedoms. Armed with these defects, the Crown agreed to withdraw the charges prior to trial.
Having charges withdrawn is the best possible outcome or any client.
R v. D.M.
Result: Conditional Sentence Order (House Arrest)
D.M. was charged with the production of 115 kilograms of marijuana. The Combined Forces Specialized Enforcement Unit conducted a lengthy investigation after a confidential informant provided information about a drug operation on a rural property outside of Strathmore. D.M. was observed travelling from his home to the rural property on several occasions. When the search warrant was executed, D.M. was in the residence and his wallet was found in one of the three grow rooms. D.M. admitted his role in the drug operation to police in a statement taken shortly after his arrest.
Despite the significant weight of marijuana, Cory successfully argued for a Conditional Sentence Order, which allowed D.M. to serve his sentence in his home. Under the Order, D.M. was able to gain employment and support his young family.
Based on the significant quantity of drugs and full confession, being sentenced to house arrest was the best outcome for the client. It allowed him to continue to work and coach his children.
