CDSA: s.5(1) – Drug Trafficking
The police drove by and observed my client selling marijuana. He had five prior convictions on his record.
The Crown stayed the charge on the day of trial, upon proof of payment by my client of a $100 charitable donation. No criminal conviction.
CDSA: s.4(1) – Possession of Crack Cocaine, s.5(2) – Possession of Cannabis Resin for the Purpose of Trafficking; CC: s.354 – Proceeds of Crime, s.90(1) – Carry a Concealed Weapon
My client was pulled over for speeding and committing other traffic violations. The police saw a baggie containing hashish in his center console. After being arrested and searched, the police found a knife, other drug paraphernalia and some crack cocaine.
I negotiated a referral to the Federal Alternative Measures Program. My client performed 40 hours of community service work and all of the criminal charges were withdrawn. No criminal convictions.
CDSA: s.4(1) – Possession of a Controlled Substance
My client was pulled over while driving for some traffic violation. The police could smell fresh marijuana. He was arrested and searched. They found a total of 15 grams of marijuana, and an extensive amount of drug paraphernalia, including rolling papers, rollers, glass pipes, a bong, grinders, flavor drops, and an electric vaporizer.
He was referred to the Extra-Judicial Sanctions program, where he performed some community service hours and then the charge was withdrawn. No criminal conviction.
CDSA: s.5(2) – Possession for the Purpose of Trafficking
My client was selling drugs from his parked vehicle. In addition to finding approx. 50 grams of marihuana, police also found numerous drug paraphernalia, indicative of trafficking, plus nearly $1500 cash in small bills.
The Crown was seeking a period of incarceration. He had a lengthy and related criminal record, including 25 prior convictions. He received a Conditional Sentence Order for 3 months, followed by probation for 6 months. No Jail.
CC: s.266 x 2 – Assault, s.264.1(1)(a) x 2 – Uttering Threats, s.267(a) – Assault with a Weapon, s.88(1) – Possession of a Weapon for a Dangerous Purpose, s.145(5) x 2 – Failing to Attend Court
My client was accused of inflicting harm on his wife on several occasions within the past eight years of their marriage. On one occasion, he threw a telephone at her, causing bruising and swelling to her hand. On another occasion, he hit her with a garbage can in the face and almost broke her nose. She lied to the hospital staff about what happened. After completing a 14-week domestic violence course, earlier charges were withdrawn. A few years later, following a heated argument, my client threw his wife down on their bed and held her down, threatening to kick out her teeth and shove a boot up her @%%. When she tried to leave, he body checked her into the wall and then left. One month later, again during a heated argument, while my client was verbally abusing his wife, she tried to calm him down by hugging him, he threw her down on the couch and held her down for about one minute, making threatening remarks, then lifted her off the couch, tearing her night gown in the process, and walked away into the kitchen. She followed him. He grabbed a hammer off the counter, pointed it at her and said: “I will break every bone in your body,” then hit a kettle with the hammer. She ran upstairs and locked herself in a room with their two small children and called police. She had visible bruising to her neck area. After being arrested and released, my client failed to attend court on two separate occasions.
Since he had already been given the benefit of a peace bond, that option was not available, so I negotiated a plea deal where my client would plead guilty to only one charge of assault. Instead of jail, my client received a suspended sentence, and probation for one year, with one condition that he participate in domestic violence counseling. All other charges were withdrawn.
