Examples of Cases Tried
As a prosecutor I have worked with many policing agencies including specialized units and joint forces projects, including those whose mandate it is to investigate organized crime, proceeds of crime and money laundering.
I have conducted a number of complex prosecutions examples of which are listed below:
- Multiple robberies where essential Crown witness was on Source Witness Protection;
- Historical sexual assaults on children where multiple stay applications were being sought by defence, psychiatric issues raised in relation to the accused’s ability to stand trial and similar fact evidence being adduced by the Crown
- Homicide where almost all material civilian witnesses had to be declared adverse, hostile and cross-examined; violent history of deceased being used as self-defence
- Homicide where mental state of the Accused was put in issue raising “near automaton” defence and “near battered wife syndrome”
- Sexual assault on resident of Youth Centre by worker; consensual relationship v. abuse of power;
- Domestic assault on high profile MLA;
- Numerous sexual assault cases where applications to gain access to victims medical, psychiatric and social work records were being contested;
- Prosecution of police officer in domestic assault involving KGB of victim;
- Counsel on extradition where person sought claiming to be member of Hezbollah;
- Extradition assessment performed relating to individual charged both in Canada and in the U.S.
- Lead counsel on 6 wiretap preliminary hearing and trials with multiple targets; issues of spousal privilege, live monitoring compliance, resort to compliance, vehicle probe installation compliance, cell phone condition compliance, s.8 reasonable grounds for arrest, search of vehicle, admissibility of statements, s. 7 disclosure, s. 715 introduction of evidence for unavailable witness, cross examination and introduction of evidence of hostile witnesses, co-conspirators exception to the hearsay rule;
- Lead counsel on mega-case wiretap organized crime/conspiracy case involving 25 targets (6 month wire with 25 full time investigators) involving two preliminary hearings set for 9 and 6 weeks, respectively, involving between 60-80 witnesses per hearing; numerous issues regarding compliance with wiretap authorization and sufficiency of evidence.
- Lead counsel on 40 member tobacco smuggling conspiracy with 7 – 8 persons charged. Negotiated settlement including defence counsel, 3 key Crown stakeholders in other jurisdictions;
- Lead counsel on heroin conspiracy case with 6 targets based on circumstantial evidence;
- Lead counsel on multimillion dollar bankruptcy fraud involving international money laundering; numerous search warrants, requests for international assistance (MLAT’s) and involvement with competing Trustee in Bankruptcy.
- Co-counsel on 40 target conspiracy (12 month wire with 12+ full time investigators—21 people charged) involving international trafficking, co-ordination of efforts with 2 US law enforcement agencies, 2 US prosecuting agencies and other Canadian law enforcement agencies; provided legal advice to police, met with international law enforcement and prosecuting agencies, oversaw police preparation of files, reviewed warrants, affidavits for restraint orders, attended court for multiple orders, conducted bail hearings;
- Lead counsel on cocaine/methamphetamine trafficking prosecution across provinces with 5 targets involving 5 investigating agencies;
- Lead counsel on prosecution of high risk execution of CDSA search warrant, 1st preliminary hearing date occurring the same day as Mayerthorpe tragedy involving many of the same witnesses; multiple continuations, s. 37 Canada Evidence Act application in to preserve police investigation technique;
- Lead counsel on constitutional challenge by marihuana activist to ss. 7(1) and 5(2) CDSA; gathered substantial new evidence never comprehensively tendered in defence of legislation; many experts were subpoenaed including two international authorities, numerous local experts and several experts not previously qualified in court, lengthy trial involving numerous responses to notices of motion conducted in atmosphere of “litigation terrorism” by unrepresented accused;
- Advisory Crown on 4 project/organized crime/proceeds files since coming to IPOC (Proceeds of Crime Unit) in October, 2006.
- I performed reviews of lengthy investigations and made recommendations resulting in administrative and managerial reviews of planned police activity
- Lead counsel on prosecution of two individuals with respect to a multimillion dollar cocaine trafficking business, the seizure of over $500,000 in cash and the restraint of properties worth over $1 million and laundered through numerous individuals which resulted in a 160 court brief based on tens of thousands of pages of evidence gathered during the investigation. An 8-week preliminary was conducted.
Expert Evidence Called and/or Cross Examined
Emergency room physicians (trauma and causes thereof), forensic psychiatrists (automatism, battered wife syndrome, ability to stand trial), identification (fingerprints and DNA), dog handlers (tracking of human scent and communication of same), drugs-numerous types (possession for the purpose, personal v. commercial use, production, public safety hazards of MGO’s, jargon and code in wiretapped communications, hierarchy, level of distribution), ion mobility spectrometry (ion scanner – science, reliability and accuracy), proceeds of crime and money laundering, toxicology, alcohol absorption, distribution and elimination, contamination of child witnesses and proper statement taking, repressed memory syndrome.