It is commonplace that first-time offenders rarely have a good understanding of the judicial process. Although it would be fantastic if everyone was fully apprised of their rights and obligations under Canadian law, it is unrealistic. However, I hope that this post will answer a few very common questions we receive on a daily basis.
Lets get started.
Q – I’m looking at my Court documents, and it appears that I am being charged by someone named Regina. Who is she? I don’t even know anyone by that name?
A – Regina is the latin word for Queen. As Queen Elizabeth II is the reigning Monarch, Regina is the term used in legal context. When a male takes the throne, the term will change to Rex, the latin word for King.
Q – My wife and I got into a really heated argument and the police were called. I was arrested and charged with assault, and now there is a no-contact order between us. My wife and I met for dinner last night to talk things over, and we agreed that it was silly to call the police. She would like to drop the charges, how can she do this?
A – In British Columbia, individuals do not press charges, and neither do the police. The police investigate, prepare a report, and recommend charges to Crown Counsel. Crown Counsel then reviews the information and approves or denies charges based on the strength of the evidence. There must be a reasonable likelihood of conviction to pursue prosecution. In short, your wife cannot “drop the charges”. Additionally, since there is a no contact order in place, you cannot contact your wife, directly or indirectly, until the order is lifted. Ignoring the no contact order could result in a Breach charge, landing you in jail.
Q – I’ve been charged with an Indictable Offence. Is that a misdemeanor?
A – The terms “misdemeanor” and “felony” are not rooted in Canada. Those terms are used in the United States. An indictable offence is very serious and carries significantly higher penalties than the less serious “summary offence”. One major difference is that summary offences can only be tried in Provincial Court by a Judge, whereas indictable offences can be tried in Supreme Court by a Judge an Jury. There are also “hybrid offences” which can be prosecuted by summary or indictment – impaired driving is one example. The choice to proceed by indictment is usually because of aggravating circumstances such as a car accident resulting in injuries.
Q – I was arrested for impaired driving and given a Promise to Appear (“PTA”). Several weeks later, I was contacted by the police who told me that the PTA has been cancelled. Does this mean my charges are dropped?
A – In short: no. Your PTA was likely cancelled because the police and Crown Counsel are still in the early stages of their investigation. Once an Accused person has attended their First Appearance, the judicial-delay clock starts ticking. The Supreme Court of Canada recently advised that proceedings in Provincial Court should run from start to finish in no more than 18 months – this means that you must be charged, and proceed to trial within 18 months. If the proceedings take longer than 18 months to be heard, there is probability for the case to be thrown out due to delay. In Superior courts, the proceedings should be completed within 30 months. So, while your PTA has been cancelled, it does not in any way mean that you are off the hook. There is no statute in Canada that prohibits the commencement of prosecution of criminal offences. In the United States, there is no statute of limitations on murder, but there is on sexual assaults and other serious criminal offences.
Hopefully the above information has answered a few of your questions, but likely not all of them. Of course, there are many complex questions that deserve a much more thorough explanation, and we are here ready to answer them.
Whether you have been charged with a minor offence under the Criminal Code such as theft under $5,000, assault, mischief under $5,000 or a more serious offence such as aggravated assault, sexual assault, assault causing bodily harm, or murder, it is crucial that you speak to one of our lawyers prior to making any statements to the police (which we will advise you not to do in any event), or anyone else for that matter. Because, although you’ll hear it from the cops first, I’m telling you again: what you say CAN and WILL be used against you.
We are conveniently located in Richmond, B.C. only a few steps away from Brighouse Station on the Canada Line, which brings you from various locations in Metro Vancouver in 20 minutes. We service all areas of the lower mainland (including but not limited to Surrey, New Westminster, Port Coquitlam, North Vancouver, and Abbotsford) the interior of B.C. (including but not limited to Cranbrook, Kelowna, Kamloops, and Salmon Arm), Northern B.C. (including but not limited to Prince George, Prince Rupert, and Quesnel) and in the Yukon Territory where we offer services in Whitehorse, Dawson City, and Old Crow.
On December 3, 2012, Mr. G (name redacted for privacy), owner of the trucking company he was transporting for, was arrested after 23 kilograms of cocaine was found hidden in a secret compartment in his vehicle.
Obviously, this product was not something Mr. G had declared when crossing into Canada – he had advised CBSA that he had just picked up two loads of produce from California and nothing more.
CBSA officers didn’t buy it.
A power drill was used on the exterior front wall of the trailer, and after it had penetrated through the wall of the trailer, it was removed – covered with a powdery white substance, later determined to be cocaine. Mr. G denied all allegations that he was involved in any drug trafficking, and claimed he had no knowledge of the drugs being in his vehicle.
Once drugs were found, the front wall of the trailer was removed, exposing 5 sub compartments, and 23 red bricks of cocaine, weighing 1 kilogram each, appraised at a value of 2 million dollars on the street.
Mr. G was arrested and charged with one count of importing a controlled substance, and one count of possession of cocaine for the purpose of trafficking.
He was the driver of the truck, the owner of the company, and the lone occupant in the vehicle at the time of his arrest. In acquitting Mr. G, the Judge noted several things of great importance:
1) The case against Mr. G was entirely circumstantial (in legal context, circumstantial evidence requires that an inference be made to determine a conclusion. Direct evidence, such as eye witness testimony, or DNA evidence, does not require that an inference be made). As this comment was made by the Judge, it is safe to assume that there was no physical evidence linking Mr. G to the crime (fingerprints on the drug wrapping, etc);
2) All of the officers who dealt with Mr. G described him as being cooperative, and showing no signs of suspicious behavior. This is crucial to Mr. G’s defence that he was unaware of the contraband in his vehicle. CBSA officers are skilled in identifying suspicious and evasive behavior – their ability to do their jobs effectively depends on it.
3) The Crown’s argument simply did not make sense. The condition of Mr. G’s vehicle (his cargo being in disarray, mainly) is what originally drew suspicion from CBSA. The Judge found that it is unlikely any drug trafficker would exercise such a low level of care and diligence in preparing to cross the border with such a significant quantity of drugs. Had Mr. G known what was truly in his trailer, he likely would have taken much more time to appear organized, and as such, not draw suspicion.
After nearly 5 years awaiting his fate, Mr. G walked out of the B.C. Supreme Court today a free man – something he likely will never take for granted.
The Courts of British Columbia are determined to curb the increasing volatile consequences of drug trafficking. While it has always been harmful to our communities, the number of fatalities associated with illicit drug use is growing ever higher. Our government is now taking a different approach to the problem by focusing on harm reduction for drug users – this includes safe injection sites, and immunity from prosecution for good Samaritans who seek help for drug overdoses. It does not include leniency for drug dealers: see our blog post on this topic.
Lengthy custodial sentences are becoming more and more common. It is increasingly obvious that conditional sentences have not adequately served as deterrents for drug traffickers to cease their illegal activities. Amendments to the Criminal Code in the coming years will likely bring even tougher penalties.
As demonstrated in Mr. G’s case, legal issues related to importing and trafficking are highly complex. A conviction for such a charge will permanently bar you from entering the United States, and will likely result in a host of other negative consequences. It is also wise, when traveling between the USA and Canada, to know what goods you are and aren’t allowed to transfer between borders.
If you have been charged, or if you are under investigation, it is strongly recommended that you contact our office to discuss your options. We are conveniently located minutes from the Brighouse station of the Canada Line, making our office easily accessible from various spots in Metro Vancouver. We are proud to provide services to all cities in the lower mainland including Richmond, Burnaby, Surrey, Langley, Port Coquitlam, Abbotsford, and Chilliwack. We also service residents located in the interior/northern areas of BC including but not limited to Kelowna, Kamloops, Penticton, Fort St. James, and Nelson.
Offensive and shocking cellphone footage has led to criminal charges for a 49 year old man from Hope, B.C.
Karry Corbett received a $110 parking ticket, which initiated a heated exchange between Corbett and the parking enforcement officer. Ravi Dhura, of South Asian descent, was an innocent bystander who noticed the altercation between Corbett and the parking officer, and pulled out his cellphone to film the incident.
This led to Corbett turning his rage to Dhura, hurling obscene remarks directed at Dhura’s nationality, telling him to “go back to India” at one point, and then raising a fist and proclaiming “white power”. The comments made by Corbett aren’t difficult to interpret, which is clear by the reaction of the public. Comments on social media called for Corbett to be charged with a hate crime, but there were no such charges recommended by the RCMP.
“When did you come to Canada?” asked Corbett of Dhura, who replied that he was born a Canadian citizen. Corbett made many comments similar to that one – clearly indicated his belief that Mr. Dhura must have immigrated here at some point, alleging he was not Canadian born.
After a fairly brief review of the evidence, Crown Counsel approved 2 counts of assault, one count of uttering threats, and one count of causing a disturbance – charges that aren’t foreign to Mr. Corbett. According to RCMP he has a lengthy criminal record for similar offences, including 2 matters currently before the Courts.
Now, the public is wondering why, in the face of clear racism, there is no talk of prosecuting a hate crime. There has also been speculation on social media of how Corbett can be charged with 2 counts of assault when there was no physical contact.
The answer is easily drawn from the definition of Assault in the Criminal Code.
As you will see, the definition of assault is broad enough to include indirect force. Upon watching the video it is easy to see how Mr. Dhura, and the parking enforcement officer, would feel threatened.
As for the hate crime, there is no offence named “hate crime” in the Code, however, in this situation, Section 319 – Public Incitement of Hatred, would seem most fitting. Ultimately, Crown Counsel reviewed the available evidence, and determined that such charges would be inappropriate in Mr. Corbett’s circumstances. While some have indicated that charging Mr. Corbett for his comments infringes on his Constitutional right to Freedom of Speech, there are limitations. These limitations are set by our societal values, and rule of law that protect any and all individuals from being the victim of hateful speech.
Instances of hate propaganda and hateful speech in Metro Vancouver and surrounding communities such as Surrey, Richmond, Burnaby, Abbotsford and other Valley municipalities are steadily increasing. In January 2016, during an influx of Syrian Refugees settling in Canada, over 100 people were pepper sprayed by one disgruntled citizen at a gathering in Vancouver, B.C. RCMP indicated that kind of attack could constitute a hate crime.
Then, in August 2016, a Turkish speaking man was beaten in Vancouver for “speaking a foreign language” according to his attacker. RCMP confirmed they would be investigating that situation as a hate crime, however, it resulted in assault charges being laid against a 54 year old man.
In modern day society, social media has proven to be a useful tool in gauging the public’s tolerance for racism – this situation demonstrates that Mr. Corbett’s actions simply went too far. However, as our judicial system provides, Mr. Corbett is innocent until proven guilty.
The issues that are raised in matters like these are complex and require the expertise of seasoned criminal lawyers – therefore if you, or anyone you know, face a situation similar to Mr. Corbett’s, contact our office today to discuss your next steps.