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Confidential informants told the police our client was trafficking drugs. The police found 30 Fentanyl patches of 100 microgram strength in our client’s car. He was charged with possession of Fentanyl for the purpose of trafficking. Our client faced a 5 year penitentiary sentence given the harsh sentences in Ontario for trafficking even small amounts […]
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The prosecution often gets a police “expert” to testify about whether seized drugs were “for the purpose of trafficking” in Ontario drug trials. These experts look at the quantity of the drugs and other indicators of drug trafficking, like the presence of cash or debt lists. Defence counsel must eliminate, or strictly limit, the use […]
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In a recent Vancouver case, the police used the surveillance cameras at a Casino to zoom-in on someone’s Blackberry, to read his texts. The police were trying to gather intelligence on this person. At trial, the judge ruled that the accused’s Charter rights against unreasonable search and seizure were breached. The texts were excluded as […]
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The “Carter defence” allowed an accused person to rebut the readings an Intoxilyzer by testifying about how many drinks they consumed. This was also known as the “two beer” defence. The 2009 changes to the Criminal Code effectively banned an accused’s self-reported drinking history from challenging the breath readings. The Ontario Superior Court recently confirmed […]
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Angela was found not guilty of impaired/over 80 “care and control” of a car, after a trial in Ottawa. Here is the story of her case. Early one morning, Angela was sleeping in the driver’s seat of her car with the engine running. The car was parked on the street. The police knocked on the […]
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A police officer stopped Wayne outside a bar late at night. Wayne was not suspected of any criminal offence. The officer pushed Wayne against a wall repeatedly. Eventually, Wayne tried to leave. The police took Wayne to the ground, and an officer was injured in the process. The police officer claimed that Wayne tried to […]
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Kelly and his wife were getting divorced, but were still living together. Tension was high. There were constant arguments in the house. Kelly’s wife went to the police alleging that he had hit her and threatened to hurt her. Kelly denied the allegations. Kelly was charged with domestic assault and uttering a threat to cause […]
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Cameron’s Case: Not Guilty of Attempted Murder & Arson A house burned to the ground in the middle of the night. A young man was seen leaving the house shortly before the fire started. The next day, our client Cameron was charged with four counts of attempted murder and arson endangering life. Cameron faced a […]
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Tyler was involved in car accident and arrested at his house shortly after. He was taken to the hospital, where he provided Breathalyzer samples. Tyler was charged criminally with impaired and over 80 driving. Tyler’s job required driving and a security clearance. A conviction for drinking and driving would have cost Tyler his job. The financial […]
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21 May '14
Our client was recently found not guilty of criminal charges for possession of a handgun after a trial in Ottawa. The case illustrates the difficulties in proving that a non-recovered gun was in fact a real “firearm”. Background Our client’s friend pulled out an alleged handgun and pointed it at the victim’s face. The victim disarmed […]
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Brett McGarry
- 116 Lisgar Street, Suite 300, K2P 0C2 Ottawa, Ontario Canada
- brett@mcgarrylaw.ca
- 613-884-8576
- 613-691-1373