I hired Michael after running into issues, not only was Michael professional, we won the case. I would recommend Michael for any criminal law matters in Canada, this man knows his stuff. He was able to prevent me from going to jail, even though a warrant was out for me, he was able to get it executed even without me going to jail and no fingerprint and mugshots. Armed with video evidence and knowledge of the law, we were able to get the case dismissed and no criminal record. Michael kept me informed through the process and telling me what my options were at each stages of the process. At the end, truth prevailed and we won. After the case was dismissed, he got the court and VPD to remove all records. He then recommended me to another lawyer to handle some immigration issues I ran into as a result of being accused of assault. Also I can go now travel and work in Canada without any issues.
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Charge: Possession for the Purpose of Trafficking (heroin, fentanyl, cocaine).
Issue: Whether our youthful client would be sentenced to the 2 year jail sentence sought by Crown counsel.
Result: Mr. Mines was able to direct our client through a successful rehabilitation program. After hearing Mr. Mines’ submissions, the Court agreed that there were “special circumstances” that permitted a sentence below the usual range of 18-36 months imprisonment for this offence. Our client was granted a suspended sentence and was placed on probation for 3 years. No jail.
Charge: Using an Electronic Device while Driving; Speeding.
Issue: Whether the police officer could prove that our client had committed the offences.
Result: After Mr. Johnson conducted the trial and made submissions to the trial judge, the court adjourned twice to provide its decision. On the second date, the court still had not reached a decision whereupon the officer withdrew the violation ticket. No convictions, no fines, no penalty demerit points.
Charge: Possession for the Purpose of Trafficking (MDMA).
Issue: Whether the vehicle search was lawful; Whether it was appropriate for the Court to grant the Crown’s adjournment application of the trial.
Result: Mr. Mines opposed the Crown’s adjournment application and the court refused to grant it. Crown entered a stay of proceedings, bringing the matter to an end. No jail; no criminal record.
Charge: Assault; Breach Undertaking (domestic).
Issue: Given the information Mr. Johnson provided to Crown counsel, whether there remained a substantial likelihood of a conviction.
Result: Crown counsel stayed both charges. No criminal record.
Charge: Assault (domestic).
Issue: Given the rehabilitative steps that Mr. Johnson recommended to our client, whether there remained a public interest in proceeding with the prosecution.
Result: Crown counsel allowed our client into the Alternative Measures Program. Upon completion, Crown entered a stay of proceedings. No criminal record.
Issue: Given the reliability of the identification evidence and the circumstances of both the complainant and our client, whether it was in the public interest to proceed with the matter as an arson prosecution.
Result: Mr. Mines was able to persuade Crown counsel to proceed on the lesser charge of Mischief to Property (under $5000). Our client was sentenced to 24 months probation. No jail.
Issue: Whether the evidence would meet the standard for Crown counsel to approve a criminal charge.
Result: We were able to steer our client through the police investigation which concluded with Mr. Johnson persuading Crown counsel to not approve any charge whatsoever. No criminal record.
Charge: Theft Under $5000 (shoplifting).
Issue: Whether it was in the public interest to proceed with the prosecution.
Result: Mr. Mines was able to persuade Crown counsel to allow our client into the Alternative Measures Program without approving any charge. No criminal record.
Charge: Production of illicit cannabis oil.
Issue: Whether there were reasonable grounds to proceed with a criminal prosecution and a civil forfeiture application.
Result: Mr. Johnson was able to steer our client through the police investigation and, in the result, no charges were forwarded to Crown nor was the matter referred to the Director of Civil Forfeiture. We were able to get the 2 recreational vehicles that were seized returned to our client. No criminal record.
Charge: Sexual Assault (x2).
Issue: Given the nature of the allegations and the rehabilitative steps taken by our client under our direction, whether it was appropriate for our client to be sentenced to jail.
Result: Mr. Mines was able to persuade Crown counsel to enter a stay of proceedings on one count; our client pleaded guilty to the remaining count and, after hearing Mr. Mines’ submissions, the Court sentenced our client to a six month conditional sentence and 2 years probation. No jail.
In our last blog we wrote about some upcoming changes to the criminal law in Canada relating to impaired driving as well as a recent Supreme Court of Canada case relating to impaired driving. For a more in-depth look, please click here. In overview, a part of Bill C-46 comes into force on December 18, […]
- K.S.February 8, 2023 - 1:25 am
We were given the best gift just prior to Christmas. All my nephew’s charges were stayed! This was due to the exceptional counsel provided by lawyer Ian Gauthier of Mines and Company in Vancouver. His kindness, experience as a former corrections officer and his keen understanding of Canadian law resulted in the favorable outcome. This […]
- February 7, 2023 - 12:59 am
Hats off to our Ian Gauthier and all other contributors and editors of the newly published CanLii Criminal Law Ebook! Read Ian’s chapter on victim participation: Ebook- Sentencing