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Please Note: Past results not predictive of future results.

CASE STUDY: Sexual Assault x 3, Sexual Interference, Invitation to Sexual Touching

Our client was a man in his 40s with a good job and no criminal record. However, this was put in jeopardy when he was accused of sexual offences for events alleged to have taken place several decades earlier. He was alleged to have had a non-consensual sexual relationship with a distant family member, a minor at the time.

CASE STUDY: Sexual assault in Peterborough, 2023

The test for whether a Crown should prosecute or not is whether there is “a reasonable prospect of conviction.” I therefore needed to convince the Crown attorney that they had no reasonable prospect of conviction and that the charged should be dropped.

CASE STUDY: Sexual assault in Peterborough

Our client was in Canada visiting family on a visitor’s visa. The easiest solution was to have him return to his home country once these charges were disposed of. Complicating matters, his passport had been seized by the police.

CASE STUDY: Impaired driving causing death

Although the charge was very serious, the goal remained the same – acquittal or at least very significant damage control.

CASE STUDY: Charges Spousal Assault

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.

CASE STUDY: Sexual Assault Charges in Peterborough

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.

CASE STUDY: Child Pornography Charges in Peterborough

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.

CASE STUDY: Sexual Assault Charges in Peterborough

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.

CASE STUDY: Impaired Driving Charges

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.

CASE STUDY: Refusing a breath sample in Cobourg

Because of the client’s legal aspirations, it was important to him that the situation be resolved without appearing on his criminal record.

CASE STUDY: Assault charges in Bancroft

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.

CASE STUDY: Theft, Fraud Charges in Cobourg

Given her lack of previous criminal record, the client’s goal was to avoid a criminal record and jail time, while managing the cost of the process.

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: 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: 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 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: 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.

CASE STUDY: 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: Plead Down to Non-Criminal Charge in Peterborough – 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: Drug-Related Offences, 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.

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: 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: 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: Assault Allegations

It was alleged that Mr. C then grabbed . 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.

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We’re here for all criminal offences including sexual offences, driving offences, violent offences, white collar crime and drug offences.

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