Criminal Defence, White Collar Crime and Civil Forfeiture
Looking for a criminal defence lawyer? Most of our clients are first-time offenders without a criminal record – and we do everything in our power to keep it that way. The majority of our clients find themselves under investigation or arrested for offences such as impaired driving, fraud, drug possession offences, tax evasion, possession of stolen property, proceeds of crime and money laundering, domestic assault, and sexual offences. Our scope of criminal defence practice extends beyond just the four corners of the Criminal Code, we also assist individuals and corporations faced with allegations under statutes such as the:
- Securities Act;
- Income Tax Act and Excise Act (GST)
- Immigration and Refugee Protection Act
- Fisheries Act
- Workers Compensation Act and the Occupational Health and Safety Regulation
Our work doesn’t end at the steps of the courtroom. We know that even when allegations don’t materialize to a full criminal trial, that there are collateral consequences that must be attended to. To that end, we also handle any parallel regulatory discipline proceedings for individuals and entities that are subject to oversight by a regulator – such as real estate agents and immigration consultants, and also work directly to resolve any related quasi-criminal proceedings and related issues, such as civil forfeiture, assessments and penalties with the Canada Revenue Agency, and eligibility to remain in Canada.
We have all heard about the TV trope to never talk to a police officer and to insist on talking to a lawyer. That advice is still correct – as soon as you get any sense that you are under investigation for any form of offence talking to any police agency will generally only result in negative consequences. Any change in your narrative between your discussion with a police officer and your testimony at trial, even if it is innocent, may be used to undermine your credibility. Details that you forgot to disclose at the time of an initial statement under the stressful circumstances of a police interview, but remember at trial will likely be argued by the prosecutor to be embellishment and a recent fabrication.
There are however some very limited exceptions to this advice so it is important to call and discuss your case to avoid making any mistakes at a critical juncture. This is compounded if there are any professional or regulatory proceedings which may impose a positive obligation to co-operate in an investigation.
The preservation of evidence, both digital, and other forms is essential. Having two to three backups of your evidence is a minimum in order to preserve it. It is not sufficient to just keep a copy of important data only on your phone as if you lose your phone or it gets damaged you may never be able to retrieve it. Early identification of key witnesses and other ways to bolster your defense is essential. Some witnesses may voluntarily co-operate with our office, and at other times we may need to be more creative with extracting information from them.
While it does sound like a sales pitch, the best advice is to call our office as soon as possible so we can provide tailored advice. We can guide you on what evidence, particularly digital, needs to be preserved and how to do so. We have a network of experts, including private investigators that can be engaged quickly to build up your defence. If a loved one is in custody, we will immediately work on securing a plan that will result in their release on bail.
We act as counsel from investigation and all the way through parole hearings and eventual release. We have successfully acted for hundreds of clients across various criminal charges, including murder and conspiracy offences. We have a proven track record of succeeding in beating charges through skilled cross-examination and excellent advocacy.
We also work to minimize any and all collateral consequences from professional bodies, regulators, and other government agencies. We aim to make it like it never even happened.
Given the width of our practice areas, for certain cases we will advise as to potential civil claims you may have in respect of malicious prosecution, breach of your charter rights, and unlawful arrest and false imprisonment.
In respect of civil forfeiture claims brought on by the Director of Civil Forfeiture, depending on the risk tolerance of the client and the strength of the case, we enjoy taking an aggressive approach because costs can be awarded to a successful Defendant.
After retaining our firm we aim to take a practical and tiered approach to achieving the best possible outcome. Some things are time sensitive and have to be done at the outset – such as the collection and preservation of exonerating evidence to ensure it does not get lost or inaccessible. Other steps can be delayed and only engaged if it becomes necessary or advisable at that time.
For matters at the investigative stage we take steps to ensure that if any arrest warrant gets issued that we are alerted and prevent you being arrested in a public place, such as at your work. We will also work towards putting in place a release plan if there is a prospect your bail may be challenged. This may mean obtaining funds to be held for your bail and obtaining sureties. In addition, we will monitor with both police and the Courts to determine if charges are approved.
If charges are approved, we will attend all court appearances on your behalf other than your bail hearing, a preliminary inquiry, and your trial. There will be numerous meetings prior to any trial to discuss the evidence, your defence, and the strategic choices necessary to get the best possible result, such as possibility of resolving matters without a criminal record, challenging experts, objections to the admissibility of evidence on the basis of Charter breaches, and determining whether to have your trial in Provincial Court, before a Supreme Court Judge, or with a jury.
Quite often if there are parallel proceedings, such as regulatory or professional discipline, then those cases can get stayed so that the criminal charge proceeds and concludes first. Once a criminal charge is dismissed we handle all aspects of regulatory and professional proceedings, from interlocutory / pre-trial applications, to the hearing itself, to judicial review of both the decision as well as any interim orders made.
The fee for criminal files typically take one of three different structures. The first option is an hourly rate. This fee is generally preferred by clients for matters that are unlikely to proceed to a full trial or which are still in the investigative stage.
A second option usually offered is a flat-fee option which provides certainty to the client that even if they proceed to trial and use a substantial amount of time to prepare and advance their defense that their fee is fixed. However the trade-off is that if the client’s objective is achieved early on in the file it likely would have been cheaper to proceed with an hourly rate.
The last option for the fee is a tariff style where each day of trial and application has a fixed price, and the total fee depends on the length of trial and preliminary steps taken. This provides a cap to the client on how much each additional step costs and provides some assurance as to the total cost, but also benefits the lawyer as there is continued financial incentive for each additional step.
In order to provide an accurate estimate full information about the client, the circumstances of the offence and the strength of the evidence need to be understood. An impaired driving investigation where there was no breathalyzer nor roadside stop will almost never result in a charges and a minimal fee will be charged – whereas if a client blew into an Approved Screening Device after going through a road check, and is on a student visa and subject to deportation the fee will be higher.
Contact us either at (604) 259-6200 or using the form below for assistance with Criminal Defence, White Collar Crime, and Civil Forfeiture
The foregoing provides legal information and does not constitute legal advice. As an analogy, legal information are equivalent to learning the rules of chess, and legal advice is the tactics and strategy that goes into winning a game. Lawyers are trained to give valuable advice that is specific to you after learning about the details of your case. Readers are cautioned that they will rarely achieve the best outcome for their case without actual advice. A consultation is often the best next step to take.