Looking Back: Schreiber Testimony at House of Commons

Richard Auger sits with Karlheinz Schreiber before the House of Commons Ethics Committee.

OTTAWA PUBLIC INQUIRY LAWYER – Much of my legal work in Ottawa has involved public inquiries. The most recent was the high-profile Oliphant Inquiry, throughout which I was a key legal counsel for witness Karlheinz Schreiber.

My role providing legal advice for Mr. Schreiber, however, goes back further than the inquiry itself. In November of 2007, I assisted Mr. Schreiber by representing him before the Parliamentary Ethics Committee.

During that hearing, Mr. Schreiber fielded questions on a wide variety of issues including:

  • Mr. Schreiber’s 2007 lawsuit seeking $300,000 from former Prime Minister Brian Mulroney.
  • “Bear Head Industries,” a company which Schreiber incorporated in Ottawa and which was intended to set up a manufacturing plant for light-armoured vehicles in Cape Breton, Nova Scotia.

Are you preparing to participate as a witness in a public inquiry or other hearing? It’s important to contact an experienced public inquiry and defence lawyer, who can advise you on how to proceed. For more information, contact the Ottawa criminal defence lawyers at Auger Hollingsworth by email [email protected] or by phone at (613) 233-4529.

How to Testify as a Witness in Ontario Court

OTTAWA CRIMINAL DEFENCE LAWYER –

OTTAWA CRIMINAL DEFENCE LAWYER – Witnesses are an important part of the criminal prosecution process in Ontario. Some of my high-profile clients over the years, including Charles Guité and Karlheinz Schreiber, have been key witnesses who needed to hire legal counsel.

I have extensive experience in trial settings, and working with witnesses specifically, so I can tell you that acting as a witness is not as easy as it might look. That’s why I’ve prepared a new article for anybody seeking information and advice on this subject: Providing Witness Testimony in Criminal Court.

This article explains in-depth the five strategies you need to use if you want to deliver a compelling and effective testimony in Ontario court:

  1. Answer truthfully.
  2. Speak loudly and maintain eye contact.
  3. Don’t continue if you are interrupted.
  4. Don’t let lawyers pressure you.
  5. Be courteous and respectful.

As a witness, you must provide accurate and truthful information. That’s a big responsibility, and it’s certainly one that you must take seriously.

If you’ve been charged with an Ontario criminal defence and have doubts about witnesses in the case – either yours or the Crown’s – it’s important to get in touch with a top criminal defence lawyer who can go over the witnesses and other case information with you. For more information, contact the Ottawa lawyers at Auger Hollingsworth by email [email protected] or by phone at (613) 233-4529.

Avoid Ontario Impaired Driving Charges: Drink Responsibly, Get Home Safely

OTTAWA CRIMINAL DEFENCE LAWYER – MADD Canada reports that each year, 1,000 Canadians are killed by drinking and driving that takes place between Thanksgiving and New Year’s Day. These months see notoriously high levels of impaired driving across North America, and that means you need to be more careful if you’re hitting the road during this upcoming holiday season.

Here are some important facts to keep in mind:

  • If you’re involved in an accident and you were drinking beforehand, that means you share the fault – and it could ruin your chance of seeking compensation from the other driver.
  • In Ontario, you can’t have more than 80 milligrams of alcohol in 100 milliliters of blood. If you’re over the legal limit, this complicates your accident even further and could lead to criminal charges.
  • Each drink you take affects your driving abilities. For some people, drinking just two alcoholic beverages can be enough to put them over the legal limit – it depends on many factors, including your height, weight, and alcohol tolerance.

Keep safety in mind while you’re enjoying your evening and while you’re on the road. Other drivers may not be smart about alcohol, so the holiday season is a good time to be driving defensively.

Have you been charged with Impaired Driving, blowing “Over 80” on a breathalyzer test, or refusing to provide a breath sample? Your next step should be speaking with an experienced criminal defence lawyer about your legal options. For more information, contact the Ottawa criminal defence lawyers at Auger Hollingsworth by email [email protected] or by phone at (613) 233-4529.

Defending Assault Charges in Ontario – Assault Charges – Can You Defend Them?

Ottawa assault lawyers at Auger Hollingsworth defend many clients charged with assault, spousal / domestic assault, assault causing bodily harm, aggravated assault and assault with a weapon.

Call an Ottawa assault lawyer at 613-233-4529 or email [email protected] so we can use our experience to help you.

This is Serious!

Here are the maximum sentences that can be imposed if you are convicted of assault:

Assault–  imprisonment up to five years

Assault causing bodily harm– imprisonment up to ten years

Assault with a weapon –imprisonment up to ten years

Aggravated assault – imprisonment up to fourteen years

There is a lot at stake!

If you are convicted, you could have problems crossing the U.S. border, obtaining a professional license (such as a real estate agent or mortgage broker) and have other job problems.

How can an Ottawa Defence Lawyer help?

  • An Ottawa defence lawyer will study the Crown brief (the evidence they collect from the police).
  • An Ottawa defence lawyer will identify who the Crown witnesses are and investigate their backgrounds.  In many cases we engage private investigators with great success.
  • An Ottawa defence lawyer will interview witnesses you suggest or who we uncover who may provide a different perspective on the Crown’s version of events.
  • An Ottawa defence lawyer knows how to review the disclosure (the Crown’s evidence, primarily from the police) to detect if your Charter rights were violated during the process leading up to your arrest.
  • For example, if you gave a statement to police that the Crown wants to use against you, your Ottawa defence lawyer will scrutinize how that statement was obtained to ensure your rights were not violated.  If your rights were violated, the Crown may not be able to use your statement against you.
  • At Auger Hollingsworth, our criminal defence lawyers ae prepared to take an aggressive stand during the pretrial stage to help you avoid the expense and worry of a trial by pressing the Crown to withdraw charges where they have not reasonable prospect of conviction.

What Should You Do NOW?

  • DO NOT tell your family and friends the “whole story” leading to your arrest.  Keep the details to yourself and your Ottawa criminal lawyer.
  • DO make notes of what happened leading up to your arrest and provide them to your Ottawa defence lawyer.  Make these notes asap after you are released from the police station while the events are still fresh.
  • Do follow your Ottawa criminal lawyer’s advice.  If your lawyer wants you to go for anger management, drug or alcohol assessment or other psychological investigations, DO IT.  Your efforts can only help you.
  • DO comply with any conditions of release imposed by the police carefully.  Your criminal defence lawyer’s bargaining power with the Crown decreases significantly if you are charged with a breach of your terms of release.
  • DO stay clear of the person who you are alleged to have assaulted.  If it is essential that you communicate with the other person, your defence lawyer can take steps to get permission.

If you are looking for a criminal defence lawyer to help you with your charges of assault, contact a Ottawa Criminal Defence Lawyer at 613 233-4529 or by emailing [email protected].

Charged with Drug Offences in Ontario

Is possession of marijuana legal?

No. Despite what you may have heard, possession of marijuana and hashish are still offences.

Could I go to jail if convicted of a drug charge?

When your criminal defence lawyer meets you,  we will discuss possible outcome of your particular case. All drug offences carry a possible jail sentence. Here are some examples:

Trafficking in marijuana or hashish or possession for the purpose of trafficking (3 kgs. or more)
Life Imprisonment
Trafficking in cocaine or heroin or possession for the purpose of trafficking
Life Imprisonment
Trafficking in amphetamines, LSD, mescaline, or psilocybin or possession for the purpose of trafficking
10 years
Trafficking in barbituates or anabolic steroids or possession for the purpose of trafficking
3 years
Importing, exporting heroin, cocaine, marijuana or hashish
Life Imprisonment
Importing, exporting amphetamines, LSD, mescaline, or psilocybin
10 years
Cultivation of marijuana
7 years
Production of cocaine, heroine, or hashish
Life Imprisonment
Production of amphetamines, LSD, mescaline, or psilocybin
10 years
Production of barbituates or anabolic steroids
3 years

These charges are serious. Get a criminal lawyer who know how to help you.

If I was caught with drugs in my pocket. Could there be a defence?

Your Ottawa criminal defence lawyer from Auger Hollingsworth can help you assess your case.  It is true that physical evidence is normally the most damaging in a drug case, including drugs seized in the arrest, or the results of tests conducted by law enforcement.

Your criminal defence lawyer at  Auger Hollingsworth can defend against your drug charges by challenging the validity of the physical evidence by reviewing how it was found, seized or tested.

Your criminal defence lawyer will investigate all aspects of a drug arrest to determine whether unlawful search and seizure procedures occurred.

Our lawyers believe that illegal search and seizure is a threat not only to our clients but a threat to the liberty and privacy of all Canadians.

A large amount of cash was seized from my home and it was not mine. How to I retrieve it?

Money and property may be seized by the police at the time of arrest.  There are steps your Ottawa criminal defence lawyer can adopt to assist you regain her property.

The police confiscated my money. How do I get it back?

Your criminal defence lawyer at Auger Hollingsworth will fight to ensure that your property is returned to you following any illegal property seizure.

Someone was growing marijuana in my home. It was not me. However, now everyone in the house was arrested. Is there anything I can do?

Your criminal defence lawyer at Auger Hollingsworth will give you specific advice for your case.  When there is any kind of grow operation in a home, it is not unusual for the authorities to charge everyone who lives there.

You should hire an experienced criminal defence lawyer to defend you. In some situations, the lawyer will be able negotiate a withdrawal of this type charge before trial where it is obvious that the client was not involved.

I have a drug problem. Does that make a difference when dealing with my charges?

A qualified criminal defence lawyer can work with the Crown to minimize penalties, reduce charges or try to negotiate a rehabilitation program instead of other penalties.

Where clients are willing and interested, our criminal defence lawyers have successfully had charges withdrawn where our client has received treatment for addiction.
If you need assistance responding to drug charges in Ottawa, Smiths Falls, Brockville, Pembroke, Petawawa, Cornwall, Hawksbury, L’Orignal or other Eastern Ontario cities, contact the criminal defence lawyers at Auger Hollingsworth.  Call 613 233-4539 or email [email protected].

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.