Firearm Possession

R. v. A.V.D. | 2025 | HAMILTON

After a very short period of surveillance, the police obtained a warrant to search for a firearm at the client’s apartment. They arrested him down the street and asked incriminating questions prior to providing him his rights to counsel.  Despite a series of constitutional issues, his first lawyer set a trial challenging only his possession of the firearm and not the Charter violations committed by the police.  Shortly before his trial, he questioned the lawyer’s strategy and ultimately terminated the relationship.  We took a different approach and focused on the police misconduct: the failure to investigate the client, the lack of connection between the alleged crime and the residence, the failure to provide rights to counsel, and the failure to hold off questioning.  We filed our Application and the Crown promptly withdrew all charges.