Drug Offenses Recent Case Summaries
Charges Withdrawn
R. v. D.S.
Client was charged with possession of a controlled substance and possession of stolen property after police observed him fleeing a stolen vehicle. Police alleged the client discarded marijuana during the chase. On the morning of trial, we demonstrated there was no reasonable prospect of conviction and secured a withdrawal of all charges.
Charges Stayed
R. v. J.M.
Client was charged with possession of heroin for the purpose of trafficking, possession of a prohibited weapon, possession of proceeds of crime, and carrying a concealed weapon. Police investigated the client following two confidential tips. Officers conducting surveillance alleged they observed the client engage in hand-to-hand transactions with two individuals. Police searched the client and his vehicle, allegedly finding heroin in separate bags, brass knuckles, and cash. We exploited issues with the police investigation and Crown disclosure delays, persuading the Crown not to pursue the charges.
Charges Withdrawn
R. v. C.V.H.
Client was charged with operating a motor vehicle without insurance and possession of heroin. Police observed the client in a parked vehicle directly in front of a Toronto police station, sitting in the driver’s seat with the engine running, appearing to be passed out. When woken, the client could not provide a driver’s licence or valid insurance. Upon arrest, police found a quantity of heroin. We represented the client at trial and secured the withdrawal of the charges.
Charges Withdrawn
R. v. S.A.
Client was charged with possession of marijuana for the purpose of trafficking and simple possession. Police observed the client littering while leaving a shopping mall and asked him to exit his vehicle to pick up the litter. Officers claimed to smell freshly burnt marijuana from the vehicle and arrested the client. A search allegedly revealed marijuana in a plastic bag, two empty bags, and $390 in cash. We demonstrated to the Crown that the client’s Charter rights under sections 8, 9, and 10(b) were violated and that the evidence would likely be excluded at trial.
Charges Stayed
R. v. J.M.
Client was charged with possession of heroin for the purpose of trafficking, possession of a prohibited weapon, possession of proceeds of crime, and carrying a concealed weapon. Police investigated the client following two confidential tips. Officers conducting surveillance alleged they observed the client engage in hand-to-hand transactions with two individuals. Police searched the client and his vehicle, allegedly finding heroin in separate bags, brass knuckles, and cash. We exploited issues with the police investigation and Crown disclosure delays, persuading the Crown not to pursue the charges.
Charges Withdrawn
R. v. S.A.
Client was charged with possession of marijuana for the purpose of trafficking, simple possession of marijuana, and possession of proceeds of crime. Police approached the client after observing him littering while leaving a shopping centre. Officers claimed to detect a strong odour of marijuana. The client was arrested and searched, and police found approximately 9 grams of marijuana, a digital scale, and a large quantity of cash. We conducted a thorough disclosure review and demonstrated serious Charter violations regarding arbitrary detention and illegal search and seizure. The Crown withdrew all charges. Five months later, we also secured the destruction of the client’s fingerprints and photographs.
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