 |
|
Supreme Court
of Canada
|
Photo Courtesy of the
Supreme Court of Canada Collection
Photographer:
Philippe Landreville
|
Disclosure
|
On November 7, 1991, the Supreme Court of Canada decided the case of
Her Majesty the Queen v. Stinchcombe. This was perhaps the most
important decision in criminal law in a generation. Due to this
decision, every person charged with an offence must be provided with a
copy of every document or record in the hands of the Crown or the
Police that relates to their case. This has levelled the playing field
between the Prosecution and Defence. It has also helped to prevent more
wrongful convictions than perhaps any other decision.
If you have been charged with an offence, it is crucial that you assert
your right to disclosure.
> Click
here to read the decision
|
|
My Practice
I deal with every kind of charge a person can face - crimes of
violence, drugs, property, firearms, fraud. Everyone is entitled to
proper defence and a fair trial. Every stage of the process requires a
vigorous defence: from bail hearings to trials, and appeals. There are
no kinds of cases that I will not take on. Everyone has similar issues.
In my eyes, you are presumed innocent and entitled to the best defence
possible.
Bail can be the most
important part of a case. For many, it is the single most important
event after the laying of charges . You have the right to a reasonable
bail under the Charter of Rights and Freedoms. It
is senseless that a person who is presumed innocent is punished before
any evidence has been heard. I always make sure that my clients have
the best release possible.
The next step is to
prepare for trial. You will see from my list of successes that I often
manage to have charges withdrawn, but that's due to work and
preparation and often comes after the trial has already begun. Trials
are the focus of my practice and I always approach a case with a trial
in mind. I prepare comprehensively and cover every avenue possible. To
win, you must marshall every defence to knock the knees out of the
Crown's case. A trial is battle and like any battle, you leave nothing
to chance.
I also have a
significant appellate practice. An appeal is different than a trial.
The evidence is in and we have to make the best of a case that might
not have gone so well. Most of my appeals are from trials run by other
lawyers. Usually, your trial lawyer will refer you elsewhere for an
appeal. You need fresh eyes, a new look at the mistakes made by the
trial judge. When a judge makes a mistake, you shouldn't be the one to
bear the consequences.
Five commonly asked
questions:
1. What is the
burden of proof??
2. What do you
do if you know someone is guilty??
3. How much do you
charge??
4. What can I do
if I was convicted of an offence??
5.
Where is your office located??
|
