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R v A.T.

Result: Charges Withdrawn. No Criminal Record

A police officer pulled A.T. over for failing to yield to a pedestrian outside of the Calgary Courthouse. Rather that speak with A.T. in a respectful manner, the officer escalated the situation by telling A.T. that he was being given an $800 ticket to “educate him”. A.T., who had been polite and respectful to this point, became very angry and yelled at the cop for several seconds. After calming down, A.T. began to walk back to his vehicle but was stopped by the policed officer and told he was under arrest of disturbing the peace. A.T. pulled away from the officer’s grasp who then threw A.T. to the ground. After a brief skirmish, all of which was captured on body worn camera, A.T. was placed in the back of the police vehicle bleeding and unable to catch his breath due to a medical condition. After being transported to the police station, the arresting officer continued to be aggressive and repeatedly caused A.T. harm by twisting his arms, pushing him to the ground and making him lay on the frozen concrete.

A.T. was charged with assaulting a police officer, mischief and causing a disturbance. After reviewing the video of the incident, Cory was able to convince the Crown Prosecutor to withdraw all charges including the traffic ticket based on the police officer’s conduct. This was a great outcome for the client and saved him the stress and cost of having to go to trial.

R v. K.C.

Result: Conditional Discharge. No Criminal Record

Over a span of three weeks, K.C. and her boyfriend randomly targeted houses and used a grease pen to write threats, for no other reason than they thought it was humorous. K.C. and her boyfriend repeatedly targeted the same houses to the point where homeowners became so fearful they wouldn’t leave their houses and purchased security systems. After a security system caught K.C. in the act, the homeowner ran outside and took pictures of her and the license plate which led to her arrest.

K.C. admitted to police that she had committed all of the offences which eliminated any defences. Because of the severity of the threatening language and psychological harm suffered by the homeowners, the Crown was seeking a criminal conviction. Cory Wilson argued that the appropriate sentence was a discharge that would leave the young client with no criminal record. Despite significant push-back from the judge, he eventually agreed that the discharge was an appropriate outcome and the client was left with no criminal record.

R v. N.P.

Result: Conditional Discharge. No Criminal Record

N.P. was a fourth-year pre-med student with plans to attend medical school and become a medical doctor. While briefly visiting Calgary, he went out with friends and became heavily intoxicated. For reasons unknown, he attacked a parked vehicle with rocks causing a significant amount of damage. Based on the dollar amount of damage, the prosecutor was seeking a criminal record. Cory met with the prosecutor and presented N.P.’s background as well as the significant concerns about his future if he was saddled with a criminal record. After lengthy negotiations, the Crown agreed to a conditional discharge which would leave N.P. with criminal record.

This was an excellent result for our client that resulted in no criminal conviction.

R v. K.C.

Result: Conditional Discharge. No Criminal Record

K.C. was charged with 15 counts of mischief as a result of ongoing graffiti being sprayed throughout a particular neighborhood. Much of what was written was of a threatening nature and homeowners became fearful for their life to the point where some purchased home alarm and surveillance systems. K.C. was caught on camera and subsequently gave a partial confession.

K.C. pled guilty and proceeded to sentencing. The Crown was seeking a criminal conviction given the nature of the graffiti. After very lengthy submissions including how a criminal conviction could possible de-rail K.C.’s chances of getting into veterinary school, the sentencing judge agreed with Cory Wilson and granted a conditional discharge.

R v. M.L.

Result: Charges withdrawn. No Criminal Record

It was alleged that M.L. called 9-1-1 to report a co-worker with a gun as part of a “swatting” hoax. Roughly 40 police officers attending including the Tactical Unit. The building was evacuated until police determined there was no threat. Over the next several weeks, police painstakingly interviewed every person who was in the office on the morning of the 9-1-1 call. All complied with the request for interview except for M.L. which made him the obvious target. After an audit of all employees swipe cards, it was determined M.L.’s card was used to get into the conference room in which the 9-1-1 call was made. As a result, M.L. was charged with several criminal offences including public mischief.

In addition to the swipe card, there was surveillance footage of M.L. going into the boardroom moments before the call was made. Other lawyers gave M.L. their opinion that he had no defence and would likely be convicted of a criminal offence. This would be disastrous to M.L.’s career and his immigration status. Then he contacted Cory Wilson who saw the case differently.

There were significant holes in the evidence including the fact the Crown would have a difficult time proving M.L. believed he saw someone with a gun. Simply because police didn’t find a gun, didn’t mean that M.L. didn’t subjectively believe he saw one.

After months of resolution discussions, M.L. agreed to resolve his matter by pleading guilty to a non-criminal offence with a small fine. This was done under- the radar so the media wasn’t made aware and even more importantly, so M.L. did not receive any criminal record.

R v. T.T.

Result: Charges Withdrawn. Peace Bond. No Criminal Record.

T.T. was charged with assaulting her child with a weapon and uttering threats. It was alleged that when the child refused to obey T.T.’s direction, she repeatedly hit him with a wooden spoon. It was further alleged that T.T. chased him out of the house with a knife. T.T. was arrested and Cory secured her release on bail.

Cory investigated the allegations and made inquiries of a neighbour who witnessed the events that occurred outside of the house. Based on the neighbour’s version of events, T.T. did not have a knife and no threats were heard. As a result of Cory’s investigation, the Crown withdrew the charges and T.T. entered into a Peace Bond. This favourable resolution left T.T. with no criminal record for the incident which was the best possible outcome.

R v. E.P.

Result: Discharge. No Criminal Record.

E.P. was charged with three counts of assault related to incidents involving his two young children. In one incident, it was alleged that after one child refused to stay in bed, E.P. chased him back into his bedroom, pinned him to the bed and repeatedly attempted to spank him. The incident ended when E.P.’s wife yelled at him to stop. In another incident, it was alleged that one child disobeyed his mother by refusing to go to bed. E.P. chased the child into his room, put him over his knee and spanked him multiple times, resulting in redness on his buttocks. In the last incident, one child continued to swear despite being told to stop. E.P. covered the child’s mouth with his hand to the point he had a difficult time breathing. The child ran into the bathroom and E.P. kicked at him and grabbed him by the shoulders multiple times. The child fell into the toilet dispenser roll and suffered minor injuries.

The allegations were made to police at the exact time E.P. and his wife separated. After reviewing the disclosure, Cory found significant inconsistencies in the children’s statements to police and very concerning language suggesting the children may have been coached. E.P. denied the more serious allegations, but agreed that in disciplining his children, he used more force than was required. Under section 43 of the Criminal Code, a parent is allowed to use force on their children by way of correction as long as that force did not exceed what was reasonable in the circumstances. E.P. agreed that the force used was not reasonable.

As a result of the issues Cory found in the complainants’ statements to police, the Crown agreed to the defence version of events by way of Agreed Statement of Facts. Cory was also able to negotiate a guilty plea to one count of assault rather than the three he was charged with. At sentencing, the Crown was seeking a conviction and potential jail time. Cory argued for a conditional discharge which means that though E.P. pled guilty, he would not be convicted of the offence. E.P.’s employment required him to have high security clearance in Canada and the USA. If E.P. was convicted, he would lose his career and face possible jail time.

After lengthy submissions, the sentencing judge agreed with Cory and discharged E.P. conditionally. As a result, E.P. was left with no criminal record for the incident and maintained his employment which was the best possible outcome.

R v. G.C

G.C. was charged with criminal harassment and uttering threats against his ex-wife. Shortly after he was charged, G.C. was further charged with breaching the conditions of his release. The complainant alleged that G.C. was stalking her after he found out about her new boyfriend. It was further alleged that G.C. had repeatedly come to the boyfriend’s property while the complainant was present. At one point, the complainant confronted G.C. who said he would cause her harm if she continued to date her new boyfriend. The breach charge was the result of G.C. allegedly sending the complainant emails while he had a no contact condition as part of his release conditions.

After reviewing the disclosure, it was clear that the Crown had no evidence that G.C. was stalking the complainant. After lengthy resolution discussions, Cory was able to resolve all the charges, including the breach, by way of Peace Bond. This resolution left G.C. with no criminal record for this incident. This was the best possible result.

R v. O.B.

Result: Charges Withdrawn. No Criminal Record.

O.B. was charged with assault and uttering threats against his wife while they were separated. The complainant alleged that during a heated conversation over child custody, O.B. slapped, punched and choked her. O.B. was arrested shortly thereafter and the Crown opposed his release. Cory represented O.B. at the bail hearing and secured his release. Cory then represented O.B. at the Emergency Protection Order hearing and successfully had it vacated which allowed O.B. to have contact with his children.

Cory’s review of the disclosure and defence evidence revealed significant inconsistencies with the complainant’s version of events. The allegations arose during a contentious child custody battle and the complainant was trying to secure full custody of the children. The Crown agreed to withdraw the charges after O.B. completed 6 sessions of co-parenting classes. This left O.B. with no criminal record for this incident which was the best possible outcome.

R v. P.K.

Result: Charges Withdrawn. No Criminal Record.

P.K. was charged with assaulting his girlfriend with a weapon. It was alleged that during a heated verbal argument, P.K. repeatedly struck the complainant with a wooden stick. Police were called and P.K. admitted to the allegations.

At the time of the incident, P.K. was suffering from significant stress due to a recent loss of employment. The incident was very out of character and P.K. and the complainant subsequently reconciled. At Cory’s direction, P.K. began domestic violence counselling and stress management courses. Cory was able to resolve the matter by having P.K.’s charges withdrawn after completing 6 months of counselling. This was the best possible resolution and left P.K. with no criminal record.

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