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 punch him.

Wayne was charged with assault causing bodily harm against a police officer. Understandably, this is a very serious criminal offence.  The Crown wanted jail time, even though Wayne had no criminal record.

We obtained a surveillance video from the bar. It was clear in the video that Wayne did not try to punch the police officer. Nevertheless, the Crown did not want to withdraw the charges initially.

The case was set down for lengthy trial. We filed extensive Charter motions with the court.  We argued that Wayne’s detention was illegal and that he was entitled to leave.  Citing the Supreme Court of Canada in R. v. Mann, we argued that: “Absent a law to the contrary, individuals are free to do as they please. By contrast, the police (and, more broadly, the state) may act only to the extent that they are empowered to do so by law.”

After the Charter motions were filed, the Crown decided to withdraw all charges against Wayne.

(*All personal information has been edited to protect client privacy. Past successes do not guarantee future results.)

Ottawa Criminal Lawyer

Charged with an assault or violent crime in Ottawa? Contact Ottawa criminal lawyer Brett McGarry to discuss the best defence for your case.