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City: Kingston, Ontario
Year: 2019
Our Client: Mr. W.
Complainant: Mr. T.
Charge(s): Firearms Offences
Lawyer:  Lavinia Inbar
Lavinia Inbar - Criminal Lawyer
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Case Study: Successful Bail Hearing – Firearms Offences

Background Allegations

Mr. W. was a hardworking professional who had immigrated to Canada and had become a Canadian citizen. In his country of origin he had been celebrated for his brilliance in his field, in which he continued to work when he came to Canada. He raised children who themselves were highly successful in elite professions. But then Mr. W. became ill and ultimately disabled. Refusing the disability benefits for which he was eligible, he supported himself by turning his home into a boarding house. He and his wife separated, although they remained very close friends. Despite his greatly reduced income, he continued to make regular monthly charitable donations to a number of causes, including the hospital that had taken care of him during his illness. To relieve stress, he took up the hobby of target shooting. One day Mr. W. had a confrontation with a boarder who was behind in his rent. At one point the boarder burst in on Mr. W. while he was cleaning his guns. The boarder called the police alleging that Mr. W. had threatened him with a firearm. Police arrived and arrested Mr. W. for a number of firearms offences. Mr. W. was then jailed and held for a bail hearing.

The Strategy

We would have to fight for Mr. W.’s release in a contested bail hearing. The next morning, Aitken Robertson lawyer L. Inbar arrived at Kingston court at 8:45 to meet with the Crown, the potential surety (Mr. W.’s ex-wife) and Mr. W. who was being held in the courthouse cells. The Crown advised that they were under a directive to oppose bail in these sorts of cases so could not consent to Mr. W.’s release. A Special Bail Hearing had been set for 10:00 am. We ran this hearing which went to lunch time at which point the Justice of the Peace adjourned to think about it and write her decision. The matter adjourned to the regular afternoon bail court. After the routine bail matters the Justice of the Peace asked for more time to finish writing the decision.

Verdict

At the end of the day the Justice of the Peace delivered her decision which was to release our client on a surety bail.

Please Note: Past results not predictive of future results.

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