26 Ways the Charter Protects You – Twenty-Six Facts About the Charter and You

Make sure your criminal defence lawyer protects your constitutional rights when you are charged with a criminal offence.

You have:

  1. the right to remain silent.
  2. the right to a lawyer, including the right to consult that lawyer privately.
  3. the right to a fair trial.
  4. the right to a trial without undue delay.
  5. the right to a trial in English or French.
  6. the right to know why you have been arrested.
  7. the right not to testify against yourself.
  8. the right to an interpreter in court.
  9. the right to an impartial tribunal.
  10. the right to reasonable bail.
  11. the right to be tried by a judge and jury (in most cases).
  12. the right to be presumbed innocent.

You cannot be:

  1. detained arbitrarily (except in some limited circumstances).
  2. detained without being brought before a justice within 24 hours.
  3. subjected to an unreasonable search of your person, your home or your car.
  4. charged with an offence on the basis of racial profiling.
  5. charged tried twice for the same offence.
  6. be convicted of an offence that is overly broad.
  7. be convicted of an offence that is sexist, racist or otherwise discriminatory.

What if Your Charter Rights are Violated?

  1. Evidence obtained by the Crown in a way that violates the Charter may be excluded from use against you at trial.
  2. If you are charged with an offence that violates the Charter, the offence and the charges with it, may be struck down.
  3. If your trial was delayed too long the charges against you could be stayed.
  4. If the violation of your Charter rights brings the administration of justice into disrepute, your charges may be stayed.

Are these Charter remedies automatic?

  1. No. Charter remedies are usually only granted where the criminal defence lawyer asks for them.
  2. Your criminal lawyer must carefully review the file for Charter violations.
  3. Your criminal lawyer must prepare, file and actually argue Charter motions before the trial judge.
  • Make sure your criminal defence lawyer knows the Charter and uses it to your full advantage.
  • Ask your criminal defence lawyer what motions he or she will bring on your behalf.
  • Ask your criminal defence lawyer whether he or she regurlarly bring Charter motions
  • Ask your criminal defence lawyer whether he or she regularly wins Charter motions.

If you have been charged with a criminal offence, make sure you have an experienced criminal defence lawyer who knows how to enforce your Charter rights.  Contact a criminal lawyer at Auger Hollingsworth by clicking here or by calling 613 233-4529.

45 Facts You Should Learn about Ontario Drunk Driving Cases

Six elements that must be proven before you can be found guilty of impaired driving in Ontario:

  1. You identity
  2. As a driver
  3. Of a motor vehicle
  4. As a driver operating a motor vehicle in a public place while
  5. Your blood alcohol was over one of the prescribed limit by
  6. the introduction of alcohol into the body

Ten items your Ottawa defence lawyer wants to know:

  1. What your schedule was before the arrest.
  2. What you drank and how much.
  3. Described you observations of the officer.
  4. Why the officer says he or she stopped you.
  5. Were you asked to take roadside tests?
  6. The results on roadside tests.
  7. The results on roadside tests.
  8. What you said to the officer.
  9. The results of any breath or blood tests.
  10. The names and contact information for any witnesses to your arrest.
  11. How long it took from the time of your arrest to the time the breathalyzer was administered.

Three ways your defence lawyer can discredit the arresting officer’s testimony:

  1. Inconsistent statements by the officer or officers involved in the arrest.
  2. Failure on the part of the police officer to recollect your case.
  3. Failure to make important notations in the officer’s duty to book notes, for example failure to record the time of the arrest and the time of breathalyzer.

Three secrets the Crown Attorney does not want you to know:

  1. The Crown does not have all the witnesses available to prove the case.
  2. The Crown has exculpatory evidence which would prove your innocence.
  3. The Crown has evidentiary problems in proving your blood alcohol level.

Four things that are crucial to your defence:

  1. An excellent investigation of the facts.
  2. Skillful cross-examination.
  3. A thorough understanding of your Charter Rights.
  4. An experienced criminal defence lawyer.

Five ways to challenge the results of the alcohol tests:

  1. Prove the officer lacked a reasonable suspicion that you were violating the law.
  2. Prove that the officer lacked probable cause to arrest you or demand the roadside tests.
  3. Prove that the officer failed to inform  you of your rights concerning a breath or blood test.
  4. Prove that the officer lacked probable cause before he arrested you and before he required you to take a blood or breath test.
  5. Prove that the officer failed to tell you that you have a right to remain silent and to consult a lawyer.

Two considerations before deciding to please guilty to impaired driving:

  1. How strong is the Crown’s case against you?
  2. What will the outcome be of an impaired conviction?

Four pretrial motions that your defence lawyer should file, and the danger to you if they are not:

  1. Motion to exclude evidence on the ground that you were unconstitutionally stopped.
  2. Motion to exclude evidence on the grounds that there was an unconstitutional search and seizure.
  3. Motion to exclude statements on failure to give advise you of your right to remain silent and your right to consult a lawyer.
  4. Motion for disclosure of all Crown evidence.

If these motions are not filed by an experienced criminal defence lawyer, your case may not be dismissed when it should have been.  Plain and simple.

Seven defence tactics in pre-trial motions:

  1. Challenge the constitutionality of the stop.
  2. Challenge the constitutionality of the administration of the roadside tests.
  3. Challenge the constitutionality of the probable cause to arrest.
  4. Challenge whether the appropriate Charter warning were administered.
  5. Challenge how the roadside tests were given.
  6. Challenge the use of any blood or breath test.
  7. Challenge the constitutionality of any search and seizure.

Charged with impaired driving in Ottawa, Smiths Falls, Perth Ontario, Cornwall or other Ontario location?  A criminal defence lawyer at Auger Hollingsworth would be pleased to review your case for you.  Contact us here or by telephone at 613 233-4529.

London Man Accused of Impaired Driving Released on Bail

The 25-year-old London man accused of impaired driving causing the deaths of three people – including two children – has been released on $100,000 bail. The incident in question occurred March 13th when two pickup trucks collided just outside of London.

The man is facing 15 charges including three counts of dangerous driving causing death, and three of impaired driving causing death.

Order our free book Fighting Drinking and Driving Charges in Ontario.

Ottawa Criminal Lawyer Gets Acquittal after Trial

Mr. Justice Wake acquitted a youth today after a two-day criminal trial for dangerous driving in the Ontario Court of Justice.  Ottawa defence lawyer Richard Auger skillfully cross-examined the Crown’s witnesses, leaving the judge with reasonable doubt about whether an offence had been committed.  The young person accused of dangerous driving was delighted with the result.

If you have been charged with dangerous driving or a related offence, you could face a criminal record.  Speak with an experienced criminal defence lawyer before you decide what to do about your crimnal charges.  Contact Ottawa Criminal Defence lawyers here.

Quebec Seeks Dangerous Offender Status for Impaired Driver

It’s a legal provision generally reserved for the very worst criminals.

A Quebec prosecutor has applied to designate a repeat impaired driver who killed a 47 year old woman last year a dangerous offender.  Although it is unlikely that this application will succeed, it sends a message that Quebec Crown attorneys are getting tougher on impaired driving, over 80 driving and related criminal charges.

If you have been charged with impaired driving, driving over 80, dui or any related criminal charge, get the expert advice you require.  For a free consultation with an experienced Ottawa impaired driving lawyer, click here.

Forty Under 40 – 2008: Brenda Hollingsworth

We are delighted to announce that Brenda Hollingsworth has been named one of Ottawa’s “Top 40 under 40” by the Ottawa Business Journal. Read Brenda’s recipient profile here.