Please Note: Past results not predictive of future results.
Domestic Assault, Possession of a Weapon for Dangerous Purpose & Breach – Charges Withdrawn
Although it took time and effort, our client was very happy with the resolution of her charges in this matter.
Child Luring x2, Possession Child Pornography x2, Access Child Pornography x2 & Make Child Pornography x2 – Plea Bargain (Youth)
Mr. R was in his last year of high-school and in the midst of applying to university when he was charged with severe criminal offences.
Case Study: Uttering Forged Documents, Fraud under $5,000, and Breach of Trust
The client indicated his intention not to proceed to a trial at the initial consultation, which left Mr. Aitken with relatively less maneuverability. Therefore, our goal was to resolve the case early and get the best resolution offer for Mr. B.
Case Study: Plea Down to Careless Driving – Over 80, Impaired
Mr. M was charged with operating a vehicle with a blood alcohol content of 80 and over mg of alcohol in 100 ml of blood and operating a vehicle impaired in the city of Milton.
Case Study: Withdrawn for Peace Bond – Mischief Under $5,000
Mr. H. had no criminal record at the time the incident occurred. We did not want to see Mr. H. end up with a criminal record when he was acting out of confusion and intoxication, and so we would seek to have the Crown withdraw the charges in favour of non-criminal diversions.
Case Study: Charges Withdrawn – Drug Trafficking
Mr. P. had lived in Canada since the early 2010s but was not a full citizen. A criminal conviction could result in his deportation. He had a personal and professional life for himself here, including family members, and did not want to be forced to leave.
Case Study: Plea Down to Careless Driving – Over 80
Mr. W.’s position as a hockey coach, his new job, and his future goals to start a business and own a home were at risk. He’d been convicted for the same offence once before and knew a second conviction could be worse.
Case Study: Absolute Discharge – Public Mischief
Ms. W. was charged with public mischief for falsely phoning the police. She contacted Aitken Robertson, and Philip Stiles set her at ease and began building her defence.
Case Study: Charges Withdrawn – Over 80
This client's trial dates were cancelled and she was free of the burden of fighting criminal charges far earlier than she thought she’d be.
Case Study: Charges Withdrawn – Domestic Assault
The Crown agreed that it was a small incident and that it would be best to avoid criminal sanctions. Community service was discussed, and in the end, the Crown agreed to a peace bond.
Case Study: Charges Withdrawn for Peace Bond – Uttering Threats
The Crown agreed to a common law peace bond. While it was not Mr. B.’s ideal goal, it did result in a withdrawal of the charges in exchange for an agreement to be of good behaviour.
Case Study: Charge Withdrawn – Refusal to Provide a Breath Sample
Mr. M., a US military veteran and long-time law enforcement officer, was crossing the border into Canada to visit a casino in Niagara.
Case Study: Charges Withdrawn – Shoplifting (Theft Under $5,000)
While shopping at a Sephora, Ms. N. purchased some product, but concealed others and left the store without paying. She had never done anything criminal before; her record was completely clean.
Case Study: Acquitted – Refusal to Provide Breath Sample
The Charter of Rights and Freedoms is very clear in its protection of a person’s right to contact a lawyer upon arrest.
Case Study: Pled Down to Careless Driving from Over 80
The case went to trial, during which the Crown decided to offer a deal: if Mr. Z. would plead guilty to careless driving, the charges of Over 80 would be dropped.
Case Study: Charges Dismissed – Impaired Driving and Over 80 [Possession of a Schedule I Substance Dropped Pre-Trial]
Mr. S. was free, unhindered by a criminal record, and the state was once again shown that rights cannot be violated based on assumption and suspicion alone.
Case Study: Plead Down to Non-Criminal Charge – Over 80
Dan Lemaire’s familiarity with Charter rights often serves as a major asset for his clients, and Ms. C. is a perfect example of this.
Case Study: Stay of Proceedings and Amending YPS Privacy Policies – Over 80
The outcome of Ms. M.’s trial was not only a victory for Ms. M. herself, but also for all those detained by the York Regional Police moving forward.
Charges Withdrawn for Peace Bond – Uttering Threats
When two people in a long-term relationship have a heated fight, emotions often run high and both sides can feel that the other side wronged them in some way. In 2018 Mr. C. and his partner got into one such argument.
Case Study: Charge Withdrawn – Impaired Operation of a Conveyance
While the two approached their vehicle the plan was not to drive, but to retrieve Stag tickets to sell to their friends, and then to wait for a friend to pick them up. In fact, Mr. R. still had an active tab in the bar at the time and had planned to return to the bar before leaving to pay it, and could not leave until he did so. Unaware of this, security called the police.
Case Study: Reduced from Over 80 to Careless
Mr. H. wanted to avoid the criminal charges. We recognized the unfortunate circumstances Mr. H. had found himself in and established a clear goal: have Mr. H.’s charges reduced to a non-criminal charge.
Plead Down to Non-Criminal Charge – Impaired Driving, Over 80, & Failure to Report
Ms. D. made it clear to us during our initial meetings that her greatest concern was avoiding the loss of her licence. While our greater goal was to help Ms. D. avoid criminal sanctions at all, we aligned our focus on obtaining an outcome that did not result in the loss of Ms. D.’s licence.
Charges Withdrawn for Peace Bond – Assault
Phil’s strategy was to propose this agreement to the Crown. Mr. F. participating in some form of counselling or education in exchange for a withdrawal and peace bond.
Case Study: Withdrawal for Peace Bond – Domestic Assault and Failure to Comply with Conditions
We began supporting Mr. M. not after his initial charge of assault, but after his failure to comply charge. He had been charged with assault in the domestic context after a small argument with his girlfriend, during which she alleged he shoved her. He was released on a promise to appear before the court, and one of the conditions of the release was to avoid contact with the complainant.
Case Study: Charges Withdrawn for Peace Bond – Assault
One October night, Mr. M., his ex, and their friends Ms. M. and Ms. S., were out on the town. Despite the intentions of Mr. M. and his ex to remain friends, Ms. M. and Ms. S. were unsupportive.
Case Study: Dangerous Driving Plead Down to Careless Driving, Two HTA Offences Withdrawn
Mr. G. and Ms. L. collided while driving on a residential street. The interaction between the two became heated, and involved them driving side-by-side, shouting at one another from their own cars, and Ms. L. alleges Mr. G. was tailgating for some time. After the collision Ms. L. claims that Mr. G. sped off.
Case Study: Charges Withdrawn – Conspiracy to Trafficking a Schedule I Controlled Substance
An investigation by the OPP for over a year led to the arrest and charging of four individuals, including Mr. G. Over $60,000 in controlled substances were seized. While the other three were charged with possession of a controlled substance and conspiracy to traffic, Mr. G. was charged only with conspiracy to traffic. He asserted his innocence from the beginning.
Case Study: Charges Withdrawn for Peace Bond – Mischief Under $5,000
Mr. R. was detained by security guards at an entertainment venue late one August evening after he and another party were separated for a consensual fight. Mr. R. was injured after the fight and was treated for his injuries by EMS, but subsequently placed in the venue’s holding cells. Security alleges that while Mr. R. was in the holding cell he repeatedly kicked the door, damaging both the door and the frame.
Case Study: Withdrawal & Peace Bond – Assault
Late one May afternoon in Markham Mr. B. and Mr. H. became engaged in an altercation while pulled over on the side of the road; a bit of 'road rage'. During the argument Mr. H. wound up on the ground and Mr. B. struck him repeatedly on the shoulder. After the argument ended Mr. B. drove away, and Mr. H. contacted the police.
Case Study: Plead Down to Non-Criminal Charge – Over 80
If Ms. C. plead guilty to Careless Driving, a Highway Traffic Act offence that did not included a criminal record, and agreed to pay a reduced fine and adhere to certain driving conditions, they would drop the Over 80 charge.
Case Study: Evidence Inadmissible and Charge Dismissed – Over 80
The evidence collected after Mr. M. told the officer he accepted duty counsel as his representation was deemed inadmissible, and the charges of over 80 were dismissed. Mr. M. left the courtroom that day without fear that a criminal record might harm his business or his family.
Case Study: Charges Dismissed Mid Trial for Peace Bond – Sexual Assault
Facebook messages combined with an effective cross examination of the complainant on the first day of trial proved compelling. The Crown agreed to drop the charges if Mr. A. was willing to sign a peace bond. He did so happily.
Case Study: Charges Withdrawn – Possession of a Controlled Substance
During the search the officer found one container of marijuana belonging to Ms. C. and one bag of marijuana belonging to Ms. S. In the glove compartment the officer found a small bag of white powder, which upon testing was revealed to be cocaine. The two were charged and read their right to counsel. This is where Ms. C. and the officer’s recollection of the events diverge.
Stay of Proceedings – Possession of a Controlled Substance
This case showcases the way a criminal charge can drag on, consuming the accused’s life for months, all while the accused is still presumed innocent.
Charges Withdrawn – Drug Trafficking, Possession of Proceeds of Crime, & Breach of Probation
Mid-afternoon in the summer, a police officer stopped a suspicious vehicle with two passengers and a dog inside. The passengers were identified as Ms. S. and Ms. G. and the vehicle was registered as stolen. Mr. G. was driving at the time and Ms. S. was in the passenger seat. The dog and two bags were in the back seat.
Dangerous Driving, Over 80 Causing Bodily Harm, Impaired Operation Causing Bodily Harm, Assault with a Weapon & Breach of Recognizance – Plea Bargain
After a number of discussions with the Crown Attorney and a number of Judicial Pre-Trials, the Crown agreed to amend the Mr. H.’s charges and withdraw others. Mr. H. entered a plea of guilty to Over 80, simple assault and breach. All other charges were withdrawn.
Case Study: Domestic Assault x2 & Mischief Under x2 – Charges Withdrawn
After multiple complaints to police made by Mr. H.’s spouse, charges of domestic assault and mischief were laid. The allegations consisted of Mr. H. damaging the complainant’s property as well as pushing his wife, grabbing her by the throat and choking. Additionally, the allegations were that the assaults took place while Ms. H. was pregnant.
Case Study: Sexual Assault x2 in Eastern Ontario
The Crown’s evidence stated Mr. L. would manipulate the much younger complainant, often orchestrating alcohol fueled get-togethers where the complainant was allegedly sexually assaulted while he was intoxicated.
Case Study: Charges of Over 80 in Belleville Dismissed
An officer of the Belleville police department received the call just after 9:00 p.m. A citizen had phoned Dispatch to report a red pickup track driving erratically.
Case Study: Sexual Assault
The sexual assault charge was withdrawn at the request of the Crown. Mr. F. entered into a s. 810 peace bond which essentially required him to have no contact with the complainant for a period of one year.
Case Study: Obtaining Sexual Services for Consideration from a person under 18
City: Oshawa, Ontario Year: 2020 Our Client: Mr. O. Charge(s): Obtaining Sexual Services for consideration…
Case Study: Over 80 and Impaired Operation in Napanee
Our client Ms. G. was operating an ATV when she struck a tree, sustaining major injuries to her head with a large cut. Charges were laid two months later after a blood analysis confirmed our client had alcohol in her body while she was operating the ATV.
Case Study: Domestic Assault x3, Criminal Harassment, Mischief Under & Theft Under – Charges Withdrawn
After a review of all disclosure materials with Mr. C. it was evident that the complainant came forward with false allegations.
Case Study: Unauthorized Possession of Firearm, Drive Vehicle with Cannabis Readily Available & Possession of Unmarked Cigarettes
The officer made inquiries on the roadside and was quickly granted authorization under the Tobacco Tax to search the entire vehicle.
Case Study: Domestic Assault-Withdrawn
After discussions with the Crown as well as Ms. L., it was agreed that after Ms. L. completes anger management counselling her charges will be withdrawn.
Case Study: Impaired Operation and Over 80-No Conviction
Less than one week before trial the Crown ceased with the prosecution and offered to withdraw Ms. H.’s charges for a plea to a Highway Traffic Act offence of careless driving.
Case Study: Sexual Assault – Withdrawn
The charge of sexual assault was withdrawn after there were extensive negotiations with the Crown Attorney’s office.
Case Study: Assault with a Weapon (Knife) and Possession of a Weapon Dangerous to Public – Charges Withdrawn
We took advantage of all available avenues and in the end, after multiple meetings with the Crown, we were able to have the charges withdrawn.
Case Study: Impaired & Over 80 – No Conviction
There were no restrictions or limitations placed on our client's driving privileges and he did not get a criminal conviction. All charges were withdrawn.
Case Study: Plea Bargain – Break and Enter
Our goal was to keep our client out of a lengthy jail sentence. Our client entered a plea bargain and some charges were withdrawn.
Case Study: Charge Withdrawn – Voyeurism
Our client faced a criminal record and a jail sentence, but had hopes of studying law. Our client obtained a peace bond and charges were withdrawn.
Case Study: Charge Withdrawn – Arson
The objective was to establish doubts in the evidence presnted by the Crown, and have the charges withdrawn. This was done successfully.
Case Study: Charges Withdrawn – Resist Arrest, Assault Police Officer
We did not want to put our senior client through the stress of a trial. We got both charges withdrawn and our client kept his spotless criminal record.
Case Study: Withdrawal, No Conviction – Assault Charges
Our client had stable employment that would have been jeopardized with a criminal record. We were able to get the charges withdrawn.
Case Study: Withdrawn and No Record – Mischief to Data Under $5,000
Our client was a working professional. Charges were withdrawn and the client was able to avoid a criminal record that would have adversely affected her job.
Case Study: Over 80 – Reduced Fine and No License Suspension
With an Over 80 charge, our client was able to avoid a criminal record and losing his driver’s licence as a result of cross-examination.
Case Study: Conviction appeal – Failing to comply with the regulations of the Occupational Health and Safety Act
We successfully appealed our client's conviction. This was a novel issue that had not previously been decided and was reported in a reputable law journal.
Case Study: Resolved with a plea – Over 80; Open Alcohol; No Life Jacket
In this case, the Crown agreed that our client's rights had been breached by police, and the file was resolved with a creative plea.
Case Study: Over 80 – Charge Withdrawn and No Criminal Record
Our client, a young first time offender with hopes of attending university and starting a career, was able to avoid a criminal record as well as implications for his driver's license.
Case Study: Charges Dismissed – Indecent Assault on a Male and Administering Noxious Thing
The story the complainant gave was filled with contradictions; both internal contradictions, and contradictions with the stories of the rest of the family. That said, the majority of the defence relied upon the uncorroborated evidence of the accused and other members of the family, making the case more complex.
Case Study: Acquittal – Refusing to Provide a Breath Sample in Oshawa
His Honour agreed that, following the precedent of R. v. White [1992] and R. v. Roberts [2018] the statement given by Mr. S. implicating himself as the driver would be excluded as evidence.
Case Study: Acquittal – Failure to Provide a Breath Sample into an Approved Screening Device in Oshawa
Mr. K. was acquitted on the grounds that the Crown failed to prove that Mr. K.’s refusal to provide a breath sample was intentional and not a misunderstanding.
Case Study: Over 80 Acquittal in North Bay
During the cross examination we focused on the violation of s.10(b), and revealed that there were actually major gaps in the officers recollection of the events at the station.
Case Study: Dismissal of Charges – BAC Over 80, Impaired Driving & Possession of Open Alcohol While Driving in Brantford
The judge noted that while both the Crown and defence had presented a substantial amount of evidence he was concerned with the lack of certainty the Breath Tech had in the accuracy of the Intoxilyzer 8000c reading at the time.
Case Study: Sexual Assault in Peterborough
Mr. C. came to our office in a state of panic. He had been accused of sexual assault stemming from a sexual encounter with an acquaintance that he was adamant had been, at all times, consensual.
Case Study: Care or Control Over 80 / Impaired in Peterborough
It was clear to us that Mr. B.’s name had been searched before police decided to arrest him. In the time the search was being conducted, no further indicia of impairment were noted by the officers.
Case Study: Driving Over 80 / Care or Control in Lindsay
When police arrived on scene, Mr. K. was outside of his vehicle asking for police assistance. Officers then detected the odour of alcohol on his breath.
Case Study: Assault in Oshawa
Mr. F. panicked and pulled his wife from the car before chasing down the moving vehicle, entering the car and turning off the engine.
Case Study: Impaired Driving and Refuse Breath Sample
Mr. A. was charged with Impaired Driving contrary to s. 253(1)(a) of the Criminal Code and Refusing to Provide a Breath Sample contrary to s. 253(5) of the Criminal Code.
Case Study: Impaired, Over 80
Our client, a young man, aged 34 found himself in difficulties with the police, and retained me to assist with his file.
Case Study: Over 80
Our client, Mr. N, was a hard working 23 year old man, employed as a bricklayer. It was essential to our client that he keep his driver’s licence so that he could travel from job to jobs sites in the Chatham area.
Case Study: Impaired, Over 80
Kingston Police charged Mr. N. with impaired operation of a motor vehicle and operate a motor vehicle with more than 80 mg of alcohol in 100 ml of blood.
Case Study: Assault Allegations
It was alleged that Mr. C. then grabbed J. by the neck and shoved her outside and into the snowbank by placing her face first into the snowbank on the deck.
Case Study: Careless Use of a Firearm
At the time of being charged, our client was an elderly 67 year old gentleman, who had a seasonal property in the rural Peterborough area. Mr. L. and his wife came to see me regarding the upsetting situation they found themselves in with the Peterborough Ontario Provincial Police.
Plea Bargain: Robbery; Wearing a Disguise with Intent; & Possession of a Weapon for a dangerous purpose (2 out of 3 withdrawn).
City: Kingston, Ontario Our Client: Mr. L. Complainant: Mr. M., Mr. S., & Kingston Police Service Charge(s): Robbery; Wearing a…
Acquittal – Over 80mg, Failing to Have Insurance Card, & Passing by Driving off Roadway (Case Study)
Acquittal City: Toronto, Ontario Our Client: Mr. B. Complainant: Toronto Police Services Charge(s): Operation of Motor Vehicle…
Acquittal: Over 80mgs (Case Study)
Acquittal City: Oshawa. Ontario Our Client: Mr. B. Complainant: Durham Regional Police Charge(s): Impaired…
Acquittal: Over 80 (Case Study)
Over 80 cases are highly technical and involve a mixture of statutory and constitutional requirements. Failing to meet, or the violation of, those requirements often results in evidence being excluded and an acquittal entered.
Acquittal – Criminal Negligence Causing Bodily Harm, Dangerous Operation of a Motor Vehicle, Dangerous Operation Causing Bodily Harm & HTA Careless Driving and Driving a Commercial Vehicle with a Critical Defect (Case Study)
Acquittal City: Pembroke, Ontario Our Client: Mr. M. Complainant: Ontario Provincial Police Charge(s): Criminal Negligence Causing…
Acquittal Case Study: Assault, Forcible Confinement, and Mischief Over $5000
Agreeing to a Peace Bond often seems like a reasonable resolution to avoid a criminal conviction and conclude the matter quickly. The Crown may agree to the Peace Bond, but usually require our clients to take the Partner Assault Response (PARs) Program first.
Charges Withdrawn – Assault (Domestic) – (Case Study)
Agreeing to a Peace Bond often seems like a reasonable resolution to avoid a criminal conviction and conclude the matter quickly. The Crown may agree to the Peace Bond, but usually require our clients to take the Partner Assault Response (PARs) Program first.
Acquittal – Care or Control of Motor Vehicle with More than 80mg of Alcohol in 100ml of Blood (Case Study)
Acquittal City: Barrie, Ontario Our Client: Mr. M. Complainant: Barrie Police Services Charge(s): Care or Control of…
Charges Withdrawn: Theft Under $5000 (Shoplifting) & Possession Of Stolen Property Under $5000 (Case Study)
Charges Withdrawn City: Whitby, Ontario Our Client: Mr. S. Complainant: Loblaw’s & Durham Regional Police…
Charges Withdrawn – Possession of Marijuana (Case Study)
Mr. R. had a good job with a big company. A criminal record would affect his career and ability to travel to the US. The goal was to avoid a criminal record. Thus, we entered into negotiations with the crown to see whether direct accountability may be an applicable outcome for possessing a quantity of marijuana.
Charges Withdrawn – Impaired Driving, Over 80 mg, and Dangerous Driving (Case Study)
Charges Withdrawn City: Kingston, Ontario Our Client: Mr. C. Complainant: OPP Charge(s): 2 counts of…
Acquittal – Refuse or Fail to Provide Breath Sample (Case Study)
Acquittal City: Woodstock, Ontario Our Client: Mr. H. Complainant: Woodstock Police Services Charge(s): Refuse or Fail…
Impaired Driving and Over 80 Withdrawn – Plea to Careless Driving (Case Study)
Mr. H. had been charged with Over 80 and with impaired driving. While the officer had dropped the “refuse” charge, it was possible that the charge could be resurrected. It was also possible that a dangerous driving charge could be added. A trial would be risky, especially if we had to face four charges rather than two. We had to prevent these additional charges being added to the existing two charges and if possible to avoid a trial in this case. We started by filing a Charter challenge to argue that Mr. H.’s rights had been infringed by police and then we approached the Crown to attempt to negotiate a plea to the non-criminal offence of careless driving which would not leave Mr. H. with a criminal record.
Acquittal: Over 80 (Case Study)
Acquittal City: Toronto, Ontario Our Client: Mr. G. Complainant: Toronto Police Service Charge(s): Operation of Motor Vehicle…
Acquittal: OVER 80 mg (Case Study)
Mr. J.G. was charged with “Over 80,” which is a criminal offence. He had a prior drinking and driving conviction which meant that if he pleaded guilty or lost at trial, he was looking at a minimum of 30 days jail, a three-year licence suspension, a further three years after that of driving with the ignition Interlock device, a mandatory alcohol education/treatment program, a fine and a mandatory victim surcharge. The goal was to fight and beat this charge.
Acquittal – Care and Control Over 80 (Case Study)
Acquittal City: Oshawa, Ontario Our Client: Mr. T.G. Complainant: Durham Regional Police Service Charge(s): Care…
Acquittal – Assault, Forcible Confinement, and Mischief (Case Study)
This case would turn on the question of credibility. The complainant’s testimony would be pitted against our client’s. Each would have a different version of the events. It would be a classic “he-said-she-said” situation. We would present our client’s version of what happened, while raising a reasonable doubt about the complainants’s story and systematically attacking the Crown’s case. To do so, we would, through cross-examination, have to bring into question the reliability and/or credibility of the complainant’s testimony.
Care and Control / Over 80 mg Dismissal (Case Study)
City: Sault Ste. Marie, ON Our Client: Mr. K.M. Complainant: Ontario Provincial Police (OPP) Charge(s): Care &…
Acquittal – Care or Control of a Motor Vehicle While Impaired / Over 80 / Sexual Assault (Case Study)
Acquittal City: Oshawa, Ontario Our Client: Mr. Hd. Complainant: Durham Regional Police Force Charge(s): Care or Control…
Dismissal – Impaired / Over 80 Charges in Oshawa (Case Study)
Acquittal City: Oshawa, Ontario Our Client: Mr. A. Complainant: Ontario Provincial Police Charge(s): Operation of…
Acquittal – Care or Control Over 80 in Oshawa (Case Study)
Charge Dismissed City: Oshawa, Ontario Our Client: Mr. G. Complainant: Durham Regional Police Service Charge(s):…
Acquittal – Sexual Assault – Sexual Exploitation – Sexual Interference (Case Study)
Charge Dismissed City: Oshawa, Ontario Our Client: Mr. G. Complainant: “C.” (A minor at the…
Impaired, Over 80 & Novice Driver BAC Over 0 (Case Study)
Our Client: Mr. N. Complainant: Ontario Provincial Police (OPP) Charge(s): Impaired/Over 80/Novice Driver BAC above…
Appeal – Rights Violated (Case Study)
Acquittal City: Toronto, Ontario Our Client: Mr. J. Complainant: Toronto Police Service Charge(s): Operate Motor Vehicle with More…
Over 80 – Police Misconduct (Case Study)
Acquittal City: Oshawa, Ontario Our Client: Ms. M. Complainant: Durham Regional Police Charge(s): Care and Control of…
Careless Driving Instead of Impaired Driving & Over 80mg (Case Study)
Our Client: Mr. N. Complainant: Canadian Forces Military Police Charge(s): Impaired Driving and Over 80mg Lawyer: Richard…
Over 80mg – Stay of Proceedings (Case Study)
City: Oshawa. Ontario Our Client: Ms. B. Complainant: Durham Regional Police Charge(s): Over 80mg Lawyer: Richard J.…
Care & Control and Over 80 Acquittal (Case Study)
City: Oshawa. Ontario Our Client: Mr. G. Complainant: Durham Regional Police Charge(s): Care and Control of a…
Acquittal – Impaired by Drugs and Dangerous Operation (Case Study)
City: Oshawa. Ontario Our Client: Mr. B. Complainant: Durham Regional Police Charge(s): Impaired by Drugs, Dangerous…