We've handled hundreds of criminal cases.
Verified Google reviews from clients on how the firm communicated, prepared and supported them. Every matter is different, and past results do not guarantee future outcomes.
Importing 112.5 kg of cocaine
The allegation involved 112.5 kg of cocaine and exposure to more than 12 years in prison. After securing bail, we argued at the preliminary hearing that there was no evidence of knowledge or control. All charges were dismissed.
Loaded handgun in a vehicle
A loaded handgun was found in the trunk during a traffic stop. We disputed possession, knowledge and awareness that the gun was loaded. After a two-day preliminary hearing the judge dismissed all charges for want of evidence.
2025 · Assault ×4, threats, bodily harm
An 11(b) delay application citing more than 20 months of late Crown disclosure ended in a peace bond and no conviction.
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Speak to a lawyerOften, the burden is on the Crown counsel to show cause as to why an accused person should not be released on bail. In certain circumstances, the onus is reversed (reverse onus), and the accused must show why they should not be detained pending trial. At the bail stage, the Crown prosecutor will advise the court of the grounds on which they are seeking the detention of the accused person. The three grounds are enumerated in the Criminal Code: the Primary Ground, Secondary Ground, and Tertiary Ground. The Crown counsel can seek detention on one or a combination of these grounds.
Primary Ground: The Primary Ground seeks to detain an accused person on the basis that they are a flight risk. This may be due to a lack of ties to the jurisdiction, limited financial resources, or a criminal record involving failures to attend court.
Secondary Ground: The Secondary Ground seeks to detain an accused person on the basis that there is a substantial likelihood they will commit another criminal offence if released on bail. The Supreme Court of Canada has outlined three things that must be established at bail hearings.
Tertiary Ground: The Tertiary Ground involves assessing the apparent strength of the prosecution's case; the gravity of the offence; the circumstances of the commission of the offence, including whether a firearm was used; and the fact that the accused is liable, on conviction, to a lengthy term of imprisonment.
When police lay a criminal charge, they may arrest the accused to ensure they will attend court and to prevent any further offences. Upon arrest, an accused person's constitutional rights remain fully protected.
Specifically, Section 11(e) of the Canadian Charter of Rights and Freedoms guarantees that any person charged with an offence has the right not to be denied reasonable bail without just cause. Pre-trial detention is meant to be the exception, not the rule, in our justice system. A criminal defence lawyer's first priority is to secure their client's release as quickly as possible, allowing them to continue their daily life while the case proceeds.
Bail hearings are time-sensitive, and the criminal process can be very confusing to navigate on your own. To get the best possible result, it's crucial to hire a lawyer from the start. A defence lawyer can make the bail process much smoother and faster and can make all the difference in securing your release from custody. Your counsel will review the allegations and your criminal record to formulate a strategic bail plan; use this plan to negotiate a potential consent release with the Crown attorney; and interview and prepare your sureties to provide effective evidence at the hearing.
If you are unable to afford a lawyer, duty counsel are available in all bail courts to assist you free of charge. After your release, you can also contact Legal Aid Ontario to apply for a certificate to cover legal fees. If you or someone you know has been arrested, it is important to seek legal assistance as soon as possible.
A proposed surety is someone who takes responsibility for supervising an accused person while they are on bail. The surety pledges a sum of money to the court, risking the loss of some or all of it if the accused fails to comply with their release conditions. Typically, this money is not paid upfront. The responsibilities of a surety include ensuring the accused attends court as required and abides by all bail conditions, and reporting any violations to the police.
At a bail hearing, proposed sureties testify about their qualifications, background, and suitability. It is critical for a lawyer to prepare proposed sureties for this process, as they will be subject to cross-examination by the Crown attorney. After hearing from the sureties, the presiding justice determines whether to release or detain the accused and under what conditions. A lawyer will advocate for the accused's release on the least onerous conditions possible.
The Supreme Court of Canada, in R v Antic [2017 SCC 27], clarified that every less restrictive form of release must be considered before imposing a more restrictive one.
If bail is denied at the initial hearing, a bail review application can be brought to the Superior Court to have the detention order reviewed. An application can be made if the circumstances of the case have changed materially or if the bail hearing justice made an error in law. The firm has a record of getting accused persons out of prolonged and unjustified police custody. The firm has extensive experience in bail courts for various charges, including manslaughter, firearm offences, domestic assaults, drug offences, and many others. If you or someone you know has been arrested or is surrendering to the police, give a defence lawyer a call or contact us for a consultation.
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