by Jason Tarnow | Apr 15, 2016 | Crime, Criminal Attorney, Legal Rights, Media, Police, Wheels Of Justice
A man from Saanich, B.C., has learned that he will not face charges of sexual assault stemming from complaints received from 4 women.
The man was arrested and a criminal investigation was pursued by RCMP and several senior Crown prosecutors. Upon reviewing the available evidence, assessing the credibility of the complainants, and considering possible defences that could be raised by the Accused, Crown Counsel determined that there was not a substantial likelihood of conviction, and announced that no charges would be filed.
The charge assessment standard of Crown Counsel takes many factors into consideration when deciding whether or not to lay charges. With respect to sexual assault cases, there are many important elements to acknowledge – failure to do so can result in charges that are ultimately stayed, or receive an acquittal at Trial. The stakes are high both for the Accused and for the complainants.
On the part of the Accused, being formally charged with sexually related offences is much more than simply embarrassing: it can result in the loss of employment, the breakdown of relationships, and can destroy the Accused’s’ reputation in general – even before the case has gone to Court. Once charges have been laid, it seems that notion of “innocent until proven guilty” is thrown out the window. A stay of proceedings, or a trial that results in an acquittal, is met with rage and disgust from the public.
On the part of the complainants, it is well known that going to Trial is a stressful and potentially damaging experience. Testifying and being cross examined can be disturbing – recalling horrific memories is emotionally and mentally harmful. Since there is never a guarantee to the complainant that the Accused will be convicted, it seems logical that a well advised complainant would only want to go through such an ordeal if there was a substantial likelihood that the Accused would be convicted.
In this case, the Crown determined that there were a number of operable defences that could be raised by the Accused, including the honest, but mistaken belief of consent.
The identity of the Accused person will remain uncirculated by the media for privacy reasons.
The number of sexual assaults in Metro Vancouver, and in particular, Surrey, have increased exponentially over the past few months. Many of the attacks have taken place in broad daylight, in high traffic areas such as the Vancouver UBC campus. The brazen nature of the attacks is extremely concerning to authorities.
Individuals charged with these offences are encouraged not to proceed self-represented – this area of law is extremely complex, and the penalties are significant. Being convicted can result in mandatory jail time and requirement to register as a sex offender, and other serious lifelong consequences. If you have been charged with any sexually related offences in British Columbia or the Yukon Territory, don’t hesitate to contact David or Jason Tarnow for your free, confidential consultation. Aside from providing legal advice with respect to your criminal charges, our lawyers will be able to help (if it is your desire) refer you to programs and treatment options to address any underlying issues that may have led you to the situation you have found yourself in.
by Jason Tarnow | Feb 26, 2016 | Crime, Criminal Attorney, Legal Rights, Media, Police, Politics, Wheels Of Justice
Apparently, the truth is stranger than fiction, even when it’s like something straight out of George Orwells Nineteen Eighty-Four: injectable GPS tracking devices for notorious criminals.
That’s what Williams Lake City Council members voted on this week – unanimously. With a population of roughly 14,000 people, the community is now grappling with serious, unrelenting criminal activity. The Canadian Federal government keeps track of the statistics with respect to crime in municipalities across the country, sourced from Statistics Canada Crime Severity Index. While no one was surprised to see Williams Lake make the list (it has for many,many years) there was new concern this time around when the city was ranked at the top of the Index. Concern escalated when this past Monday, surveillance captured 2 males stealing another males bicycle at gun point in broad daylight. The brazen nature of the crime set alarm bells sounding.
It has been reported that out of the community of roughly 14,000 people. Between 20-100 of them are known to police as being prolific offenders – that is, individuals who are frequently at odds with the law. On paper, Williams Lake RCMP have 13 local residents on their prolific offender list, 7 of whom are currently behind bars. The rest are being closely monitored.
City Councillor Scott Nelson was quoted saying “For the privacy of few who don’t even believe in law, we need to use the technology to the benefit of the society as a whole,” when defending the Council’s unanimous vote for injectable GPS trackers. Indeed, having a GPS device located on an individual who is a high-risk to re-offend would probably result in peace of mind for a community ravaged by crime – but it comes at a high cost to a society that is increasingly leery of police presence.
As it stands, there is no legal authority for the use of injectable GPS tracking. GPS monitoring for other Canadian offenders is tightly regulated and requires judicial authorization. Civil liberties lawyers have responded to the Williams Lake City Council by advising that there is little to no likelihood that such a system would ever be found to be constitutional.
For now, Williams Lake will have to rely on good old fashioned police work and vigilant, community minded residents to do their part in keeping the small northern town safe.
by Jason Tarnow | Feb 12, 2016 | Crime, Criminal Attorney, Legal Rights, Media, Police, Politics, Wheels Of Justice
When a defence lawyer gets a new file that involves the search and seizure of evidence from their client, the first thing they will want to investigate is if the search was lawful. An unlawful search can often result in evidence being excluded from Trial. Laws surrounding search and seizure are ever-changing, but the fundamental rights laid out in our Canadian Charter of Rights and Freedoms are enduring. Section 8 of the Charter protects Canadians from unreasonable search and seizure, which means that police are often required to obtain a warrant (judicial authorization) before proceeding to collect any evidence they wish to use at Trial.
There have been several pivotal developments in this area of the law recently, one coming from the Court of Appeal. Rodney Fedan of Kamloops, B.C., lost the appeal of his dangerous driving causing death conviction after he argued that his Charter rights were violated when RCMP collected information from his truck’s “little black box” without a warrant. The little black box I am referring to is known as a Sensing Diagnostic Module (“SDM”); they are commonly installed by manufacturers in passenger vehicles. Their main purpose is to monitor the condition/deployment of the airbags, but they have become increasingly more intelligent over the past decade, and are coveted by accident re-constructionists for the data they record and store. Re-constructionists can download the data from the “little black box” and use it to develop insight into the nature of a motor vehicle accident. In Mr. Fedan’s case, the 5 seconds of data recorded by the SDM immediately preceding the crash (which is generally all they record) was all that was needed to prove that Mr. Fedan was travelling at approximately 106 km/hour when he veered off of the winding road he and his passengers. The ensuing accident resulted in the death of 22 year old Brittany Plotnikoff and 38 year old Ken Craigdallie.
Fedan argued that his reasonable expectation of privacy was breached when RCMP officers seized the data from his SDM without a warrant. Unfortunately for him, 3 B.C. Court of Appeal Judges disagreed when they held that the Supreme Court Judge was reasonable in allowing the material into evidence at Trial.
It is crucial to note that Mr. Fedan was not aware that the SDM was capable of downloading and storing data that would be useful to the RCMP in such an investigation. Since he had no knowledge of the data’s existence, he could have no reasonable expectation over its privacy. This is in stark contrast to the level of privacy a person would expect to have over the information stored on their computer or cellphone – warrants are generally required to seize and search these devices (unless searching them is considered to be incidental to arrest).
When the case was originally heard in October 2014, Mr. Fedan was sentenced to 3 years in jail and was banned for driving from 3 years. He was not convicted of impaired driving after the blood samples obtained were ruled to be inadmissible.
Impaired driving cases are complex, and are taken extremely serious by the police and the Courts. If you are facing charges related to drinking and driving, contact Jason and David Tarnow for a free consultation. Our office is conveniently located in central Richmond, easily accessible from anywhere in the lower mainland.
by Jason Tarnow | Jan 4, 2016 | Crime, Criminal Attorney, Police
On Tuesday, December 1, 2015, RCMP made good on a threat to bust several pot dispensaries in the Nanaimo area of Vancouver Island.
At least 10 shops had received warnings in mid-November from the Mounties to cease all operations, or risk being raided, resulting in fines and/or arrests being made. It has been reported that 2 of those shops closed their businesses voluntarily upon request.
The RCMP declined to provide names of which dispensaries were entered into, but general managers of three shops located in Nanaimo confirmed to the media that they were the subject of search warrants.
Trees Dispensary, Phoenix Pain Management, and Natures Source Society all had search warrants executed at their establishments on December 1st. Phoenix Pain Management confirmed that two of their members, both senior citizens, were arrested on site.
The RCMP issued a statement advising that their motivation in raiding the dispensaries came as a result of public complaints that the shops were operating illegally and in an unsavoury manner. It is unknown if the RCMP will be seeking search warrants in order to enter and shut down the remaining businesses that are allegedly running illegally.
The choice to seek judicial authorization to raid the shops comes as a surprise to some, after Vancouver’s decision earlier this year to zone and licence dispensaries that are operating in compliance with certain guidelines. The City’s decision requires that all marijuana shops apply for a business licence as the first step in becoming regulated.
In October, the City announced that out of 177 applications, 11 had passed the first stage, and would be able to apply for permits. The hundreds of applications that did not pass the first stage were in contravention of various regulations, including their proximity to schools, community centres, and each other.
If you have had any criminal charges for controlled substances and/or drugs, do not hesitate to call our law office. We assist people in Metro Vancouver and all corners of British Columbia.
by Jason Tarnow | Jun 23, 2015 | Crime, Criminal Attorney
RCMP Constable Kwesi Millington, one of 2 Mounties found guilty (four were charged – two were acquitted: Cst. Gerry Rundel and Cst. Bill Bentley) of perjury in the Braidwood Inquiry into the tasering death of Robert Dziekanski, was sentenced on Monday, June 22, 2015. He received a 30 month (2.5) year custodial sentence, meaning that he will serve his time in a Federal Penitentiary. Next to be sentenced will be Benjamin “Monty” Robinson, who resigned from the RCMP on July 22, 2012.
In delivering his sentence, Supreme Court Justice William Ehrcke dismissed Defence counsel’s request for a 1 year conditional sentence. He acknowledged that the Crown was seeking a prison term of 3 years. The maximum term of imprisonment for perjury under the Criminal Code is 14 years.
Ehrcke stated that the sentence must denounce the Constable’s actions, and deter other Officer’s from engaging in similar conduct. He noted that he decided a sentence on the higher end would be more appropriate, as Cst. Millington’s false testimony “stood in the way of getting of getting a true explanation” at the Inquiry into Dziekanski’s death.
We don’t often see many high-profile perjury cases like we have here. Over the past year or so, in Canada, the United States, and across the world, we have seen that the public’s trust in law enforcement continues to slide downwards. The result of this case is a prime example of why our suspicions surrounding the intentions of the police are indeed warranted.
But why is perjury considered to be such a serious offence by the Courts? With a maximum sentence of 14 years, it carries a higher penalty than many other obviously serious offences as defined within the Criminal Code. But it isn’t without good reason.
There is a difference between telling a lie, and telling a lie under oath. When you testify in Court proceedings, you are asked to swear, or affirm, that your testimony is the truth, the whole truth, and nothing but the truth. Further to that, as a Defendant, you are never compelled to testify. The choice to do so, or not do so, is one that must be discussed between you and your Vancouver criminal lawyer. Remember, when making a statement to the police, anything you say CAN and WILL be used against you in Court. This is why you should always consult experienced and seasoned counsel prior to making any admissions to law enforcement.
by Jason Tarnow | Oct 3, 2013 | Criminal Attorney
The details of the new medical marijuana regulations are out – and soon, so should the supplies from home growers. Authorities say that the stricter rules are put in place to protect public safety, but the growing public confusion and differing opinions seem to be working against the Canadian government’s plans.
Rolled out on June 10th and officially published on June 12th in the Canada Gazette, the new regulations no longer allow medical marijuana users to grow their own plants at home. The federal government will also cease the production and distribution of the substance, leaving only licensed growers as the only source for medical marijuana users. Jeffrey Reisman, a well-known criminal lawyer in Toronto explains that one of the main factors that prompted the change in laws was that home growing was creating a lot of neighborhood crime. “In some cases we have organized crime operating grow ups, or targeting legal grow ups to steal product, which compromises the safety in a community”, says Reisman.
Minister of Health Leona Aglukkaq said in a statement that the stricter regulations will be imposed to “protect public safety” and “strengthen the safety of Canadian communities.” Health Canada backed Aglukkaq’s argument, claiming that letting individuals grow their own marijuana since the Marijuana Medical Access Program began about 12 years ago has affected public health, safety and security. Within this period, authorized medical marijuana users ballooned to 30,000 from the original 500, according to the department.
Apart from producing more marijuana than they can use, some growers have allegedly abused the program by selling illegally or causing fire and flood hazards due to unregulated operations. More serious threats include theft and other criminal acts that have been spurred by uncontrolled production and distribution of the product.
Meanwhile, the issue has also reignited a wider clamor to loosen Canada’s marijuana laws in general, with nearly 70 percent of polled individuals supporting marijuana legalization – or at least decriminalization of possession of small amounts. According to Forum Research, which gathered the opinion of more than 1,000 Canadians age 18 and older, only 15 percent think that marijuana regulations should remain unchanged, while 13 percent are in favor of even stricter penalties.
Another sector that has been vocal even before the medical marijuana program was launched is the medical community, which has reiterated time and again that there is not enough evidence of marijuana’s medical benefits.
Some politicians were also not spared in the crossfire. Liberal Party leader Justin Trudeau, in particular, earned mixed reactions when he professed not only his position in favor of legalizing marijuana – but also the fact that he had smoked marijuana at a dinner party. Roughly five years ago, Trudeau strongly opposed even just marijuana decriminalization.
Such “transformations” and developments are prompting even more people – politicians and average citizens alike – to speak out about the issue. While many eagerly await which side will prevail in the end, some observers are content enough seeing that marijuana laws are getting deeper, much more serious attention than ever.
Jeffrey Reisman is a well-respected Toronto Criminal lawyer, who focuses on all areas of criminal defence including assault cases, fraud, arson, burglary, murder and more. He is also an experienced bail hearing lawyer in Toronto.
