CHARGES:

Possession of Unstamped Tobacco contrary to Section 32 (1) of the Excise Act

BACKGROUND: the RCMP was notified by the Canadian Border Security Agency in the Cornwall area about a suspicious car. David was seated in the passenger seat of the car in a parking lot when two RCMP officers arrived and approached the car. While speaking with the man in the driver’s seat of the car, one RCMP officer noticed a blanket covering items on the floor of the backseat. The officers proceeded to search the vehicle and find 150,000 contraband cigarettes. David was arrested by the officers on site and charged with possession of unstamped tobacco.

Read the Summary of Police Allegations.

GOALS: I was hopeful that we could resolve this matter without David having a criminal record, or paying a very severe (nearly $40,000) fine.

STRATEGY: There were a lot of questions surrounding the behaviour of the officers during the search of the car and in David’s arrest. It was my opinion that David’s Charter Rights were violated.  I filed an application that sections 7, 8, 9, 10(a), 11(d) and 24(2) of the Canadian Charter of Rights and Freedoms had been violated. I argued that:

• The items found in the car, all statements made by David and the other accused, and observations by the police were found without probable and reasonable grounds and should be excluded as evidence;
• Timothy was not given his proper Rights to Counsel by the police during the time of the arrest. The officers arrested my client “from memory” and, in my view, did not properly advise David that he had the right to contact counsel of his choice by telephone;
• The detention of my client was unlawful;
• Officers failed to properly inform my client of the reason for his arrest;
• My client was put in touch with duty counsel by default;
• There was no warrant for the search of the car; and
• The vehicle was searched unreasonably

RESULTS: All charges in David’s case were withdrawn.

CHARGES:

Assault Causing Bodily Harm contrary to Section 267 of the Criminal Code of Canada

BACKGROUND: Stephen attended a house party on New Year’s Eve.  As the night wore on, the party got out of hand and people were being asked to leave. A taxi was called to the house, and the driver picked up a fare of three young women who then asked him to wait at the house for a fourth female to join the group. The taxi driver said that while waiting, a young man began banging on the window of the taxi. The driver said that after telling the youth to stop, he was punched in the face and then assaulted by a group of young males. My client was charged with assault causing bodily harm after it was believed that he was the youth who banged on the window of the cab and initiated the assault of the taxi driver.

Read the Summary of Police Allegations.

GOALS: As a youth and full-time student, it was very important to have Stephen avoid a criminal record. Although there were serious challenges in this case, we were hopeful that we would be able to show that there was not sufficient evidence to convict Stephen.

STRATEGY: The facts in this case were difficult to obtain, and I believed there were important details about the incident that were not made clear from the police investigation. Because of this, I hired a private investigator to look into the incident further. Through several witness statements, it became clear that there were conflicting reports as to what exactly happened in the incident.  Some witnesses recalled that the taxi driver had been violent and had hit the youths that were near his cab; others said they did not believe Stephen had participated in the assault of the taxi driver.

RESULTS: I was able to show that there was not enough evidence to convict Stephen of assault, and that the evidence provided by different witnesses in the case was not consistent. All charges against my client were stayed by the court. Stephen has no criminal record.

A young woman’s criminal charge of driving with a blood alcohol level of over .80 received excellent news today.  Criminal defence lawyer Richard Auger brought two Charter applications to argue that her rights had been violated.  Today, the judge indicated that he agreed that the client’s  rights to counsel and a trial without delay had been violated.  The charge was dismissed and she has no criminal record.

Richard and another lawyer represented a man accused of first degree murder. The three-week trial ended with an acquittal, marking the first time in 10 years that an Ottawa jury has freed a person charged with murder. Location: Ottawa, Ontario.

Richard represented a physician charged with sexual assault. He cross-examined the complainant alleging sexual assault, which resulted in the charges being withdrawn at the end of the preliminary hearing. Location: Pembroke, Ontario.

Richard was co-counsel on a jury trial for sexual assault, involving significant pre-trial work up and investigation to obtain records and other evidence to discredit the complainant. Based largely on Richard’s pre-trial preparation, senior counsel was able to discredit the complainant at the beginning of the trial. The Crown attorney abandoned the prosecution shortly after the trial started. Location: Toronto, Ontario.

Ottawa extradition lawyer Richard represented a defendant in an application for extradition of a person wanted in the U.S. on fraud allegations relating to a $500,000,000 fraud against the City of Philadelphia. After two weeks of hearings the extraditions judge agreed with Richard’s argument and the application for extradition was dismissed. Location: Toronto, Ontario.

Criminal lawyer Richard Auger represented a woman in an application by the Philippines for her on fraud charges. Richard was successful in having application denied. Location: Toronto, Ontario

Note: The previous two extradition cases are important because normally extradition is granted in Canada almost automatically. It is very difficult to defeat a request for extradition.

Richard successfully prosecuted a tow truck driver who killed a pedestrian in the course of his employment. The tow truck driver had been acquitted at a prior trial. Richard took over the case and was successful on appeal. He then tried the case and won a conviction. Location: Toronto, Ontario.

Five university students were charged and convicted in connection with a property dispute on University property. When convicted, they were represented by another lawyer. Richard took over the case and succeeded in overturning the convictions. Then he persuaded the Crown prosecutor to withdraw all of the charges. Location: Ottawa, Ontario.