JHG
SUCCESS
STORIES
FIREARM POSSESSION
R. v. A.M. | 2024 | Toronto
Client came to me with three interconnected cases. The police had been investigating his Instagram account and executed a search warrant on a residence he had ties to looking to seize his devices (phone, computer, tablets, etc.). In addition to locating electronics, they also found a gun inside a satchel, inside a closet, in the bedroom the client had been sleeping in. After beating both cases related to his Instagram account (one the crown withdrew and the other we won at trial), we successfully defended the gun charges when the Crown failed to establish he had knowledge of the firearm. After three long years on restrictive bail conditions, he finally cut off the ankle monitor and remains without a criminal record.
P4P Fentanyl, Cocaine, Meth, Proceeds of Crime
R. v. J.P. | 2024 | TORONTO
Sometimes the win is in keeping a client out of jail when you know they will not survive jail. Here the client was charged with the types and quantities of drugs that would have made a penitentiary sentence necessary had he lost after trial (likely 5-7 years given the amount of fentanyl alone). After filing a Charter Application to challenge the warrant and following extensive negotiations with the Crown, he agreed to withdraw the fentanyl count and the client pled guilty to possessing cocaine and meth for the purpose of trafficking. He was then sentenced to 2 years less a day to serve on house arrest with exceptions for employment, and education for the first year and a curfew for the second year.
Transport & Distribution of Unlicensed Tobacco
R. v. K.B. | 2024 | CAYUGA
Client charged with purchasing, possessing, distributing, and transporting almost 62 million grams of fine cut tobacco. Upon conviction, he was facing mandatory fine of $34 million dollars. At the end of the first day of trial, after cross examining the officer in charge and landlord of the alleged storage facility, client was acquitted of all charges.
P4P Fentanyl, Proceeds, and Possess Firearm
R. v. J.T. | 2024 | Hamilton
Sadly I was not able to cross examine the lead officer on this very illegal arrest and subsequent search of a vehicle wherein police located a loaded handgun and 3 ounces of fentanyl. After filing our charter application challenging the officer’s actions, both the federal crown and provincial crown withdrew all charges.
Impaired Driving
Impaired operation & refuse to provide breath sample.
R. v. I.C. | 2024 | BRAMPTON
The client came to me after representing himself for almost a year and getting nowhere with the crown. He knew his rights had been violated when the police arrested him sleeping in his car but he could not articulate how. It took us 6 months to receive the police body cams which showed that the cops had him under investigation for nearly 40 minutes without giving him his Rights to Counsel and during that time they forced him to create the basis for his own arrest by having him turn on the vehicle to show he had control of it while visibly impaired. After taking the Crown through the series of charter breaches he realized there was no public interest in proceeding and withdrew the charges immediately.
Cocaine
Possession for the purpose of trafficking cocaine & Proceeds of crime.
R. v. A.M. | 2024 | BRAMPTON
The client came to me after he set trial dates with another lawyer who he had no confidence in. The lawyer had encouraged him to plead to a two year sentence, which he refused to do. The client fired that lawyer, hired us, and we immediately requested the disclosure, assuming it would be sent quickly having already been disclosed to previous counsel. My office was shocked to learn that some of the most significant items of disclosure had never been provided, including drug logs, property reports, surveillance notes and videos, police notes from the search, and photos from the search. The Crown could not even say where in the house the cocaine had been located! After pressing the Crown for 4 months to receive the missing items, they decided to withdraw the charges without ever setting new trial dates.
Fentanyl, Cocaine, Meth and Weapons Possession
Possession for the purpose of trafficking fentanyl, cocaine, and meth, Possess weapon x3, Proceeds of crime.
R. v. J.P. | 2024 | Toronto
The client was the target of a search warrant in which there were four separate confidential informants but almost no investigation conducted by the police to corroborate their sources. When the warrant was executed, the police found almost an ounce each of fentanyl, cocaine, and meth both on him and in his room, in addition to finding an air pistol, knife, and a baton. We set a six-day trial and filed a Charter Application challenging both the warrant and the police failure to call his lawyer immediately upon arrest. It was all we had, given the fact that the drugs and weapons were found on him and in the room his family (who were home at the time) identified as his. After reading our Application, however, the Crown recognized we both had risks at trial and offered to resolve with a plea to the cocaine and meth for a conditional sentence of two years; withdrawing the fentanyl count (which would have attracted a 4-5 year sentence on its own) and all of the weapons charges and the client will never see the inside of a cell.
Fentanyl, Cocaine, Heroin, Percs, and Firearms
Possession for the purpose of trafficking fentanyl, cocaine, heroin, and percs; Possession of a loaded restricted firearm, Possession of a prohibited device (switches) x5, Proceeds of crime.
R. v. F.A. | 2023 | Toronto
This trial was set for 15 days over a one year period, with a series of Charter challenges to 18 different search warrants and a police investigation spanning 3 cities. Two hours into what was scheduled for two days of cross examining the Affiant, the Crown recognized the serious deficiencies with the warrant and the less-than-honest officer who prepared it. After he admitted to submitting an affidavit he had sworn to be true but knew to be false, the Crown withdrew all charges.
Fentanyl, Heroin, Meth, Cocaine
Possession for the purpose of trafficking fentanyl, heroin, meth, and cocaine, proceeds of crime.
R. v. P.A. | 2022 | SARNIA
“That the defendant was a drug dealer, on this evidentiary record, cannot rationally be disputed. But, even drug dealers are afforded Charter protection, and if Mr. A was arbitrarily detained and, then, unlawfully searched the evidence acquired through such constitutional breaches may be excluded from consideration at his trial resulting in his acquittal. For the following reasons, this is such a case.” Those were a part of the Judges reasons in excluding all of the drugs and paraphernalia found in the vehicle (which included a microwave, magic bullet, vats of cut, gloves, and a gas mask) and acquitting the client of all charges. Unfortunately the crown is appealing so the battle continues but for now, the Judges decision stands. In full below:
Robbery, Cocaine, Fentanyl
Robbery x 4 (carjackings), Possession of Property Obtained by Crime, Proceeds of Crime, and Possession for the Purpose of Trafficking Cocaine and Fentanyl.
R. v. A.D. | 2022 | BRAMPTON
The police cobbled together a theory that my client was involved in a series of car jackings and managed to obtain a tracking warrant for his phone and car as well as a transmission data recorder and eventually a warrant to search his home and a storage locker. Looking for evidence of the car jackings, they stumbled on a significant quantity of fentanyl and cocaine, along with a press and packaging and just over $25,000 in cash. We brought a Charter Application challenging all four warrants and on the first day of the Application, the Crown brought a motion to dismiss it as having no merit. Not only did the Judge rule the Application had merit, after a nine day battle spread out over 3 months, the entire Application was granted, all evidence excluded, and the client is getting his cash back.
Cocaine, Oxys, Ketamine, Adderall, LSD
Possession for the purpose of trafficking cocaine, oxys, ketamine, Adderall, and LSD.
R. v. M.R. | 2022 | ST. CATHARINES
Our client was the target of a drug investigation that culminated in three warrants being executed and a variety of substances, cash, and cell phones seized. It took almost 20 months and an extensive Charter Application challenging the warrants into his apartment and vehicles but on the first day of the application, the Crown withdrew all charges and the client remains free of any criminal record.
Fentanyl
Possession for the purpose of trafficking fentanyl and proceeds of crime.
R. v. A.M | 2022 | HAMILTON
Client was a passenger in a vehicle that was pulled over for a traffic stop. His twin brother had a warrant for his arrest and police asked for his identification to confirm who he was. Client complied, confirming that he was not wanted by police, had no outstanding charges, and no criminal record. Nonetheless, he was removed from the car and searched, resulting in the seizure of 229 fentanyl pills and just over $7,600 in cash. After filing an extensive charter application arguing that the police violated his right to be free from arbitrary detention, the right to be free from unreasonable search, and the right to counsel, the Crown stayed all charges.
Fentanyl, Cocaine, Weapons Charges
Possession for the purpose of trafficking fentanyl and cocaine, possession of a weapon (machete), carry concealed weapon, proceeds of crime, and obstruct police.
R. v. T.W. | 2022 | ORILLIA
Client acquitted following a 3 day trial in which I successfully argued that he was illegally detained and unlawfully searched by police, who did not corroborate the tip from a confidential informant. As a result, 180 grams of cocaine, 33 grams of fentanyl, and a machete found on my clients person were all excluded.
SIDE NOTE:
This win felt particularly good since the prosecutor told my client and I during the trial that she was proud to represent sex offenders but thought drug dealers were scum for selling drugs and killing people. Clearly she turns a blind eye to the fact many drug addicts are victims of sex based offences, so her defence practice actually creates more work for many of my clients.
Cocaine, MDMA
Possession for the purpose of trafficking cocaine and MDMA and proceeds of crime.
R. v. S.L | 2022 | HAMILTON
Client was charged following a “routine traffic stop” in which 16 ounces of cocaine, an ounce of MDMA, and $20k in cash were located in the back seat of his car. After arguing that the crown delay in proceeding violated his constitutional right to trial in a reasonable amount of time, all charges were stayed.
Fentanyl, Cocaine, Crack, Meth, and Percocets
Possession for the purpose of trafficking fentanyl, cocaine, crack, meth, and Percocets.
R. v. S.K. | 2022 | BRANFORD
This client came to me after another lawyer wanted him to take a plea deal for 8-10 years. After completing the preliminary hearing that the other lawyer started, I filed a Charter Application challenging the illegal search and seizure of a backpack that police found in a car, containing all of the drugs along with my client’s wallet. Before we could even argue the Motion, the Crown withdrew the charges.
Fentanyl, Possession of Ammunition
Possession for the purpose of trafficking fentanyl and possession of ammunition.
R. v. T.G-F | 2021 | TORONTO
Client was charged with possession for the purpose of trafficking fentanyl (later confirmed as also including carfentanyl, cocaine, and heroin) and over 200 rounds of ammunition after police executed a search warrant at a residence they believed was his. After a successful challenge to the warrant, the Judge decided that the police had mislead the issuing justice and excluded all of the evidence; and my client was acquitted of all counts. Read the judges reasons below:
Firearms, Cocaine, Heroin, Fentanyl
Possession of a loaded restricted firearm, possession for the purpose of trafficking cocaine, heroin, and fentanyl, proceeds of crime, fail to comply with recognizance.
R. v. L.N | 2021 | MIDLAND
Client acquitted of all charges following an 8 day battle, where I argued that my client was racially profiled and investigated for no other reason than being a black man driving through Midland. The investigation led to his unlawfully arrest and search of the trunk of his car where the drugs and gun were located. The judge agreed with my arguments and excluded all evidence and even acquitted on the breach of bail because “but for the racial profiling, Mr. N would never have been identified to the police or become the subject of their investigation”.
This decision is well worth the read: (see below)
Cocaine
Possession for the purpose of trafficking cocaine and proceeds of crime.
R. v. J.Y. | 2021 | HAMILTON
All charges withdrawn at the request of the crown after filing an extensive charter application challenging the roadside stop of my client’s vehicle which culminated in the illegal search and seizure of an ounce of cocaine.
Cocaine
Possession for the Purpose of Selling Cocaine and Proceeds of Crime.
R. v. K.G. | 2020 | ST. CATHARINES
Client acquitted of all charges following a two day trial, despite the judge being “highly suspicious” of the two ounces of cocaine police located in her hall closet.
Fentanyl, Cocaine, Marijuana
Possession for the Purpose of Trafficking Fentanyl and Cocaine, Possession for the Purpose of Distributing Marijuana and Proceeds of Crime, and Driving Disqualified.
R. v. S.M. | 2020 | OSHAWA
Associate successfully argued that the clients right to be free from unreasonable search and seizure was violated, along with his right to counsel. All evidence obtained from the illegal search was excluded and the client acquitted.
First-Degree Murder, Assault, Drugs, Firearms
First Degree Murder, Assault with a Weapon, Administering a Noxious Substance and Possessing a Prohibited Weapon.
R. v. B.D. | 2020 | HAMILTON
After spending 68 days in jail, I had the murder charge withdrawn for this wrongfully accused 18-year-old. 8 months later, he plead guilty to possessing brass knuckles and was handed a suspended sentence with 15 months probation.