Entries by Mike Mines

Sweeping Criminal Code Amendments now in Force

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The massive criminal law Bill C-75 came into force on September 19, 2019 and is now the law of the land. The bill has resulted in some sweeping changes and far reaching consequences for the Canadian justice system. Generally speaking, the intent of the new legislation is to help streamline the court process by creating various efficiencies. It remains to be seen whether all of these changes only benefit police and Crown counsel. We feel that there may be no benefit whatsoever to accused persons.

R. vs. T.K.- Abbotsford Provincial Court

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Charge: Driving without consideration; driving past police vehicle; speeding.

Issue: Whether it was in the public interest to proceed with all counts, which upon conviction would have led to a driving prohibition.

Result: Mr. Mines was able to negotiate a resolution where our client pleaded guilty to only a three point speeding ticket and police withdrew the remaining counts. Our client was sentenced to a fine. No driving prohibition.

R. vs. J.D. – Vancouver Provincial Court

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Charge: Driving while Prohibited.

Issue: Whether it was in the public interest to proceed with this charge which carries a one year mandatory minimum driving prohibition.

Result: Mr. Johnson was able to persuade Crown counsel to permit our client to resolve this matter by pleading guilty to the lesser offence of driving without a valid licence. Our client was sentenced to a fine. No driving prohibition.

R. vs. P.A. Whistler RCMP Investigation

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Charge: Uttering Threats.

Issue: Whether there was a substantial likelihood of a conviction and whether it was in the public interest to proceed with a criminal charge.

Result: Mr. Johnson provided Crown counsel with information on our client’s behalf and was able to persuade Crown to not approve any charge in this matter. No criminal record.

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Dear Michael, Thank you very much for helping me with my problem.Your kindness, generosity and understanding are greatly appreciated.
Best wishes! 

-B.L.

R. vs. B.L. – Vancouver Provincial Court

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Charge: Theft Under $5000 (shoplifting).

Issue: Whether our client, who had an extensive record for theft offences, would be sentenced to jail.

Result: After hearing Mr. Mines’ submissions on our client’s behalf, the Court declined to impose jail, and instead sentenced our client to a fine and six months probation.

R. vs. S.J. – Port Coquitlam Provincial Court

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Charge: Driving While Prohibited. Issue: Whether the crown would be able to prove that our client was the driver of the vehicle. Result: We were able to persuade Crown counsel that there was problem with the identification evidence and, therefore, to proceed on the lesser offence of driving without a valid driver’s licence.  Rather than […]