FILTER SUCCESS STORIES
The complainant and Mr. P were in a relationship for slightly over a year, initially residing in a small city in Northern Ontario before moving to Peterborough for a brief 3-month period. They did not have any children together, and the complainant was pursuing her studies while being in the relationship. In late winter of 2023, the Peterborough Police received a distress call from the complainant, reporting that her boyfriend, Mr. P, was assaulting her.
Our client, Mr. C, was a middle-aged man with a wife and kids and no prior criminal record. He found himself facing serious allegations, however, when he was accused of sexually assaulting the daughter of a former partner nearly 20 years prior.
Our client, Mr. W, was arrested and charged with possessing child pornography, and further charged with mischief and voyeurism a number of months later, after the seizure of his belongings. These were serious charges that would lead to jail time as well as registration as a sex offender for Mr. W if convicted.
Our client was Mr. H, a middle-aged man working in an old age home with no prior criminal record. He was arrested on a charge of sexual assault in relation to allegations made by his workplace colleague.
Our client, Mr. T, was faced with allegations of impaired driving. He had provided a breath sample that was well over the legal limit. The consequences of an impaired driving conviction in his case would be severe, as he needed to be able to drive for his job.
The goal was to get both accused acquitted of the charges of assault causing bodily harm. To do this, our lawyers aimed to establish that the accused had acted in self-defence against the actions of the complainant.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.