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Police Investigations

Upon witnessing an event or receiving information regarding a potential criminal act, police will embark upon an investigation. Essentially, police investigations are where police gather evidence to determine if their suspect is chargeable with a criminal offence.

What happens when you become the subject of a police investigation?

We are criminal defence lawyers with over 30 years of experience, skilled in steering our clients through police investigations from beginning to end. Our goal is clear and simple: to preserve your rights under the Charter of Rights and Freedoms. These rights include:

  • The right to remain silent;
  • The right to obtain legal advice upon detention or arrest;
  • The right to be free from an unreasonable search and seizure;
  • The right not to be detained or arrested arbitrarily;
  • The right to be treated by police in a fair and non-oppressive manner, including, in appropriate situations, the right to a translator or medical assistance before speaking to police.

Your Right to Remain Silent

The right to remain silent is fundamental to Canadian law. Our law dictates that is it up to the state (the police and Crown counsel) to prove crimes against an accused person. The accused has no obligation, except in very limited circumstances, to cooperate with the police whatsoever. We certainly understand that when people are confronted by police as a suspect in a criminal investigation that the vast majority of people feel intimidated and powerless. If you are under police investigation for any offence, contact us. We can act as a “buffer” between you and the police. We can communicate to the investigators on your behalf without putting you at risk of incriminating yourself. We will help you enforce your right to remain silent and your rights against self-incrimination that are guaranteed by the Charter.

Recent Successes

R. v. J.C. – Vancouver Provincial Court

Charges: Uttering a threat; Posession of a weapon (knife) for a dangerous purpose.
Issue: Given our client's circumstances and the circumstances of the incident, whether it was in the public interest to proceed with a criminal prosecution.
Result: Mr. Gauthier was able to provide Crown with background information about our client and the incident which caused Crown to conclude it was not in the public interest to continue the prosecution. Stay of proceedings. No criminal record.

R. v. M.M. – North Vancouver Provincial Court

Charges: Theft Under $5000 (shoplifting).
Issue: Whether it was in the public interest to proceed with a criminal prosecution in this $900 shoplifting case.
Result: Mr. Mines was able to provide information to Crown counsel about our client's personal circumstances, resulting in Crown referring our client to the Alternative Measures program. No criminal record.

R. v. J.Z. & Q.M. – Insurance Fraud Investigation

Charges: Fraud Over $5,000.
Issue: Whether our client's were responsible for approximately $15,000 in false claims unknowingly made in their names by a health care provider.
Result: Mr. Gauthier was able to settle with the insurance provider. No criminal charges were forwarded against our clients. Mr. Gauthier was also able to assist with the first steps of recovering the funds from the dishonest health care provider. No criminal record.

R. v. V.N. – Surrey Provincial Court

Charges: Sexual Assault (police investigation).
Issue: Whether there was sufficient evidence to support a criminal prosecution.
Result: Mr. Gauthier opposed the police application to extend the time period they could continue to retain seized evidence and he provided advice to our client in steering him through the investigation. The matter concluded with no criminal charges being forwarded to Crown. No criminal record.

R. v. R.T. – Insurance Fraud Investigation

Charge: Insurance Fraud Under $5,000 investigation.
Issue: Given our client's rehabilitation and repayment of disputed claims, whether it was in the public interest to proceed with a criminal prosecution.
Result: Mr. Mines was able to persuade the insurance company to settle the matter on a civil basis. No criminal charges forwarded. No criminal record.

R. v. G. A.G. – Vancouver Provincial Court

Charge: Assault (domestic).
Issue: Whether there was a substantial likelihood of a conviction in this case.
Result: Mr. Mines was able to persuade Crown counsel that, given the lack of cooperation by the complainant, that there was no prospect of a conviction. Crown counsel did not approve any charges and, on Mr. Mines' representations, agreed to cancel the scheduled court date and to direct police to cancel our client's Undertaking to Appear. No criminal record.

R. v. L.M. – Vancouver Provincial Court

Charge: Mischief Over $5000.
Issue: Whether Crown could prove the value of damage alleged to have been caused by our client.
Result: Mr. Mines was able to persuade Crown counsel that because it could not accurately prove the value of damage, and that our client had taken appropriate steps of self-rehabilitation,  Crown elected to not approve any charges. No criminal record.

R. v. H.K. – Port Coquitlam Provincial Court

Charge: Assault.
Issue: Whether it was in the public interest to proceed with a criminal prosecution in this "road rage" case.
Result: Mr. Mines was able to provide information to Crown counsel about our client's personal circumstances and the circumstances of the incident which resulted in Crown staying the charge after our client completed Alternative Measures. No criminal record.

R. v. J.S. – North Vancouver Provincial Court

Charges: Uttering Threats (x3).
Issue: Whether or not our client was entitled to be sentenced to a conditional discharge rather than being convicted of this offence.
Result: Upon hearing Mr. Gauthier's submissions on our client's behalf, the Court granted our client a conditional discharge rather than entering a conviction. No criminal record.

R. v. S.G. – Surrey Provincial Court

Charges: Assault; Mischief. Issue: Given the rehabilitative steps that we guided our client through and advocating on her behalf that there was a reasonable self defence issue, whether there was a substantial likelihood of securing a conviction.
Result: Mr. Gauthier was able to persuade Crown counsel that there was no substantial likelihood of a conviction. Ultimately Crown entered a stay of proceedings. No criminal conviction. No criminal record.

R. v. K.B.K. – Vancouver Provincial Court

Charges: B&E; Assault; Distribute Intimate Images.
Issue: Whether the Crown could comply with a defence disclosure request and possibly face a Charter application to have charges stayed due to unreasonable delay.
Result: On the eve of the trial, Mr. Mines was able to persuade Crown to allow our client to plead guilty to the least serious charge, assault by slapping. Crown nonetheless sought a conviction and probation, but after hearing Mr. Mines' submissions, the trial judge granted our client a conditional discharge. No criminal conviction.

R. v. C.B.S. – Richmond Provincial Court

Charges: B&E; Assault; Distribute Intimate Images.
Issue: Whether the Crown could comply with a defence disclosure request and possibly face a Charter application to have charges stayed due to unreasonable delay.
Result: On the eve of the trial, Mr. Mines was able to persuade Crown to allow our client to plead guilty to the least serious charge, assault by slapping. Crown nonetheless sought a conviction and probation, but after hearing Mr. Mines' submissions, the trial judge granted our client a conditional discharge. No criminal conviction.

Can you avoid being arrested or held in police custody?

The Criminal Code provides police and Crown a wide measure of discretion in deciding whether to arrest or whether to seek an accused’s detention prior to trial. For example, s. 496 allows an officer to, rather than arrest a suspect, issue an appearance notice, directing the suspect to attend court on a future date. Similarly, s. 497 and s. 498 allow a police officer to release an arrested person by issuing an appearance notice or summons to court. Even where the suspect is arrested on a warrant, s. 499 allows police to release a suspect on a promise to appear or on an undertaking with protective conditions such as orders of “no contact,” “non-attendance,” or various types of prohibitions for items such as weapons, communication devices or other items.

When clients under investigation contact us early enough, we will endeavor to persuade police to not arrest our client at all, or to promptly release them on the least restrictive conditions possible. To succeed in these representations, we must establish that, in the circumstances, it is not necessary to hold our client in custody, including the need to:

  • Establish our client’s identity;
  • Secure or preserve evidence relating to the alleged offence;
  • Prevent the continuation or repetition of the offence or another offence; or
  • To ensure the safety and security of any victim of or witness to the offence.

Representing Clients under Investigation

Whether you are suspected of theft, assault, a driving offence, a drug offence or a serious crime, the police will undoubtedly want to speak with you, to “hear your side of the story.” Before speaking to police, you should understand that, under the Charter, you are not obliged to do so. Under Canadian law, your silence cannot be used later in court to infer that you must have something to hide. Over the years we’ve had many successful cases because our client was able to properly exercise their right to remain silent. Before speaking to the police, call us.

Start with a free consultation.

If you are being investigated by police or if you’ve been charged with a criminal or driving offence, don’t face the problem alone. Being accused of an offence is stressful. The prospects of a criminal record or jail sentence can be daunting. Even if you think there is no defence, we may be able to help. To schedule a free initial consultation with one of our Vancouver lawyers, contact us now.