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.
Loaded Firearm
R. v. R.C. | 2024 | OSHAWA
Client was charged with a loaded firearm found in the back seat of his vehicle after being pulled over by police for being a black man driving a Mercedes in Oshawa. Despite the judge finding that the search of the vehicle was illegal, she would not exclude the firearm from the trial. During the Charter Application however, the jail repeatedly failed to bring my client to court, delaying the matter by 3 months. I argued that the delays violated the client’s constitutional right to a trial in a reasonable amount of time and that the charges should be stayed. This argument was successful and as a result all charges were stayed.
Assault with a Weapon, Noxious Substance, Mischief
R. v. J.M.W | 2024 | COBOURG
Assault with a weapon x2, Possess weapon x2, Administer noxious substance x2, and Mischief over $5000 x2
After a short but contentious trial with two lying complainants, my client was acquitted of all charges. From the day he hired me, he was adamant that the alleged victims were lying about the altercation and after 3 days of cross examinations it was clear to everyone in the courtroom that their stories were not to be believed.
Kidnapping, Robbery, Firearms, Assault
Kidnapping, Robbery with a firearm, Possession of a firearm, Forcible confinement, Assault cause bodily harm.
R. v. K.W. | 2024 | BRANTFORD
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.
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.
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.
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 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:
Attempted Murder, Robbery With Firearm, Aggravated Assault
Attempted Murder, robbery with firearm, discharge firearm, aggravated assault, careless use, and weapons dangerous.
R. v. C.W | 2021 | TORONTO
The client brought his legally registered handgun to a drug deal and, after a dispute, left the dealer with three gunshot wounds to the abdomen. The client was released on bail within days and has spent the last three years turning his life around (rehab, university, employment, counseling). As a result, he will never see the inside of a cell. His legal battle ended with a plea to aggravated assault and careless use for a two-year sentence to be served in the community.
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)
Firearms
Careless storage of a firearm + Firearms License Revocation.
R. v. C.L | 2021 | TORONTO
The criminal charge of careless storage of a firearm was withdrawn at the earliest opportunity, after explaining to the Crown that this properly licensed accused had his car stolen with his registered firearm inside of it. The Chief Firearms Office nonetheless wanted to take his license and occupation away, which necessitated a two day hearing to fight for. In the end, we were successful as the Judge found the decision of the CFO to be unreasonable.
Robbery with a Firearm
Robbery with a firearm, possess property obtained by crime, and breach probation.
R. v. J.A. | 2021 | BRAMPTON
During a photo line-up, the complainant told police that he was “110% sure” that our client was the person who robbed him at gunpoint. By the end of the second day of trial, and after extensive cross examination, he was no longer sure he had identified the right person and client was acquitted of all charges.
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.
Firearms, Fentanyl, Heroin, Cocaine, Meth
Possession of a Loaded and Restricted Firearm and Possession of Fentanyl, Heroin, Cocaine, and Meth for the Purpose of Trafficking.
R. v. M.S. | 2020 | ST. CATHARINES
After receiving a tip that my client was dealing drugs, police installed a tracking device in his car and later executed a search warrant for the car and a residence. We successfully challenged the warrant for the tracker and the warrants for the home and car. In excluding all evidence at trial (the gun and drugs), the judge stated, “The conduct of the state authorities in this case was so subversive of the process that in order for the justice system to dissociate itself from the police actions the only remedy is to set aside the warrants…”
COVID-19 Bail Hearings
Successfully argued bail hearings for 36 clients between March 23rd and July 6th, throughout the State of Emergency caused by COVID-19.
Robbery with a Firearm, Forcible Confinement and Kidnapping
R. v. E.K. | 2020 | HAMILTON
Allegations of an armed kidnapping and robbery invented by the ‘victim’ in order to try and cover up a fraud he participated in. After two days of cross examining the victim, the Crown invited the judge to dismiss all charges.
Firearms
Dangerous Weapons, Carrying a Concealed Weapon and Mischief.
R. v. A.D. & M.D. | 2019 | TORONTO
Clients charged after admiring their newly purchased airsoft pistols on public transit, when other passengers mistook their pistols for real guns. Originally screened for jail time, after negotiations with the Crown involving the classification of firearms and poor choices for displaying things that look like guns, the Crown agreed to withdraw the charges after the completion of 20 hours of community service.
LESSON:
Do not display anything that looks remotely like a firearm in public, especially in Toronto. Even if it’s perfectly legal.
Cocaine, Firearms
Client charged with Possession of Cocaine for the Purpose of Trafficking and Possession of a Firearm x2, after the police raided a trap house and arrested all 8 people found inside.
R. v. T.W. | 2019 | TORONTO
After a nine-day preliminary hearing, we had him discharged of all counts.
Meth, Cocaine, Mushrooms, Stolen Property, and Firearms
Possession of Meth, Cocaine, and Mushrooms for the Purpose of Trafficking, Possession of Stolen Property, Possession of Firearms x7, Careless Storage of Firearms x7, and Possession of a Prohibited Weapon x3.
R. v. G.S. | 2019 | HAMILTON
Mr. S sat in custody for 3 months when his first lawyer refused to bring a bail hearing because he was charged with 7 firearm offences and possession of over half a pound of Meth. I successfully argued for his bail within two weeks of being retained and all of his charges were stayed 14 months later. Today he remains free, with no criminal record.
Firearms
Possession of a Firearm or Imitation Thereof.
R. v. J.C. | 2016 | HAMILTON
Client acquitted after trial when the Crown failed to prove that possession of the firearm or imitation firearm was for a purpose dangerous to the public.