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Mr. Stalas and Mr. Calderon were charged with possession for the purpose of trafficking, possession, and possession of proceeds of crime. Mr. Stalas and Mr. Calderon were convicted at trial in Superior Court in Thunder Bay. Their application alleging an unlawful and arbitrary detention and arrest, and unlawful search and seizure, in addition to a violation of their Section 10(b) right to counsel were dismissed by the trial judge. On appeal to the Ontario Court of Appeal, Mr. Stalas and Mr. Calderon were acquitted by the Court of Appeal on all charges. The Court of Appeal found that there were violations of the accused right to be free from an arbitrary detention and arrest, as well as their Section 8 rights to be free for an unreasonable search and seizure. In addition, the Court of Appeal found that upon a stop without further grounds for a search must provide all persons with their right to counsel. Since the police officers did not provide rights to counsel and an opportunity to contact counsel prior to obtaining consent or proceeding with the search, there was a violation of the their Section 10(b) rights as well. According all charges were acquitted on appeal.
Acquitted after trial on charges of production and possession for the purposes of trafficking. A Charter Application was advanced at trial alleging breaches of Section 8 of the Charter, namely a violation of the accused rights to be free from an unreasonable search and seizure. The grounds for the warrant were deficient, as such the warrant was quashed by the Superior Court and all evidence was excluded. Accordingly, all charges against Mr. Young Burg were dismissed at trial.
Charge of importing over $1/2 Million of cocaine stayed, after defence cross-examination of lead investigating RCMP officer, in respect to violations of Ms. Helland’s rights under Sections 7, 8 and 10(b) of the Charter.
Charges of production of marijuana, possession for the purposes of trafficking, and possession of a controlled substance. Withdrawn after Charter Application advance for breaches of Sections 8 and 10(b) of the Charter, arising from an unlawful search and seizure by the police.
Charges of possession for the purpose of trafficking, possession, and proceeds of crime. Withdrawn after Charter Application advanced for unlawful detention and search. All seized funds returned to the client.
Charges of conspiracy to produce a controlled substance, steroids, possession for the purpose of trafficking, possession of a controlled substance and proceeds of crime. Withdrawn at trial after Charter Application for breaches of Section7, Section 8 and Section 11(b) of the Chapter involving deficient warrant and abuse of conduct by police in the course of the execution of the search. All seized items and funds returned to the clients.
Past results are not necessarily indicative of future results and that the amount recovered and other litigation outcomes will vary according to the facts in individual cases.
Past results are not necessarily indicative of future results and that the amount recovered and other litigation outcomes will vary according to the facts in individual cases.
