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M.S. was charged with Possession for the Purpose of Trafficking of cocaine, fentanyl and heroine out of the Orillia courthouse. M.S. had a romantic relationship with a man whom she came to visit at his house in Orillia. While she was at that house, police officers entered the residence on the authority of a search warrant. Police officers arrested all individuals at the house including M.S. The Police searched the house and uncovered large amounts of various drugs, drug paraphernalia and large amounts of cash. M.S. was charged along with her boyfriend and other individuals in relation to the drugs and cash found at the house. M.S. retained Mariya Protsenko of Neuberger & Partners LLP to represent her. Mariya received a vast amount of disclosure as the search of the house turned out to be a part of a large project in relation to the drugs trafficking. Mariya broke down the disclosure and other than M.S. being present on the day of the search, there was NO evidence connecting her to the organized crime enterprise nor any prior knowledge of M.S. from prior searches or other investigations. Thus, the Federal prosecutor could not connect M.S. to any drugs or trafficking nor to the residence where the search took place. Mariya conducted several pre-trials with the prosecutor and convinced him that M.S. was not involved in drugs trafficking. M.S. signed a statutory declaration explaining her non-involvement and the charges against her were stayed.
Charges of Possession of Cannabis for the purpose of Trafficking/Distributing, Possess Cannabis for the Purpose of Selling, Distribute Cannabis and Cultivate Substance, all withdrawn prior to setting a trial date, Brampton. Both of these gentlemen have medical authorization to grow and possess. They grew and stored at a communal operation that was also licenced. Unfortunately, an undercover investigation led to arrests for a large-scale cultivation and trafficking scheme in which J.C. and W.C. were included. Joseph Neuberger and Christopher Assie from Neuberger & Partners LLP, Toronto Criminal Lawyers, were retained as the defence lawyers. The assigned Crown was someone Joseph Neuberger had worked with on prior large scale drug cases and very soon after the arrests, Joseph and Chris had pre-trial discussions with the Crown. The defence provided the valid licences as well as a listing of their grow operation and use. The disclosure was massive including a 500-page Information to Obtain that was the basis of the warrant to search the premises in question. After careful review, there was NO evidence to support any inference that J.C. or W.C. had any involvement with the allegations of drug trafficking. As such, all charges were withdrawn.
Charge of Possession of Controlled Substance for the Purpose of Trafficking withdrawn at the Ontario Court of Justice, Newmarket. Late one night, C.A. along with a three other co-accused were returning from a social gathering in a car together. C.A. was a passenger in this car. A witness observed the car swerving and called 911 to report this to the police. A cruiser was dispatched, and the vehicle was pulled over. One of the co-accused, the driver, was arrested for operating the vehicle under the influence. Upon his arrest, the car was searched. A large packet of what was suspected to be cocaine along with several small bags and scales were allegedly found in the center console of the car. C.A. along with other co-accused were charged with Possession of Controlled Substance for the Purpose of Trafficking, Yuvika Johri of Neuberger & Partners, Toronto Criminal Lawyers, was retained to represent G.P. Yuvika reviewed disclosure and conducted a crown pre-trial. Yuvika established that CA did not own this car and had no knowledge and control of the drugs in the car. There was no real way to establish knowledge or control. After extensive discussions, the charges were appropriately withdrawn.
Charges of Human Trafficking, Financial or Material Benefit from Trafficking Persons, Fraud over $5,000.00, Assault, and Utter Threats, all withdrawn prior to preliminary hearing. M.K. had allegedly brought into Canada a domestic caregiver for financial gain, and exploited the worker along with other related allegations. The evidence was not the usual or typical case of this kind. Joseph Neuberger and Yuvika Johri were retained as the criminal defence lawyers to represent M.K. An extensive defence investigation was undertaken after review of the Crown evidence. A voluminous package of materials were assembled along with a 25 page letter to the Crown outlining the defence evidence and establishing the fabrication of evidence, intentional misrepresentation of financial transactions, and legitimate legal means to bring the complainant into the country who had her own agenda as to what she wanted to do in Canada. Lega analysis was provided as well as to “exercise of control” and “benefit” that undermined the complainant’s narrative. After numerous pre-trials, a resolution was reached where withheld salary was paid to the complainant (which was appropriate), and the charges were withdrawn.
Accused’s warehouse was raided as a result of an alleged informer tip. Police discovered a box containing various drugs. BY was charged accordingly with Possession for the Purpose of Trafficking in Fentanyl and Cocaine. BY retained John Navarrete as defence counsel. After reviewing initial disclosure, Mr. Navarrete had a Crown Pretrial with the Federal Crown at Old City Hall. Mr. Navarrete questioned the reliability of the informer tip and advised that the box containing the drugs belonged to a specific person, whom Mr. Navarrete believed was the likely the informer. Mr. Navarrete believed that the informer had only provided the information to police only after the informer had been arrested. The Federal Crown reviewed this issue and the file and decide to withdraw the charges against BY.
SA was stopped by police while driving in York Region. The police allege that they could smell marijuana emanating from his vehicle. Police removed accused from vehicle and found a small quantity of marijuana and $12,000 in cash. SA was charged with Possession for the Purpose of Trafficking and Proceeds of Crime. SA retained John Navarrete. Mr. Navarrete reviewed disclosure and conducted a Crown Pretrial with the Federal Crown. Mr. Navarrete advised the Crown of recent case law involving police stops and the problems with relying on the “smell test”. In addition, Mr. Navarrete provided case law on how the amount of marijuana seized could be used for personal use despite its quantity. The Federal Crown withdrew the charges against SA. Mr. Navarrete also assisted SA in reacquiring the funds that had been seized by police.
Charges of Possession for the Purpose of Trafficking, Possession of Marijuana, and Proceeds of Crime, withdrawn prior to setting a trial date, Newmarket. Mr. Y.G., was driving in York Region and pulled over by police allegedly for a random stop under the Cannabis Act. The police allegedly viewed some suspicious items in plain view and smelled an order of marijuana. The police arrest Mr. Y.G. and then conduct a search of his car resulting in finding a large quantity of marijuana and cash. The receipt for the cash was noted as “Bulk Money”. Defence lawyer Joseph Neuberger is retained as his criminal defence lawyer. Joseph Neuberger requested as part of disclosure the body cam recordings and audio, pictures or video of the drugs and cash in the car, and an explanation as to why there was not a denomination for the funds seized. No body cam video or audio was provided; no pictures on scene and no actually accounting of the funds until days later that according to the client was about $10,000 short. The case law does not allow searches under the Cannabis Act even though the police are trying to use the Act in that manner. After extensive discussions with the Crown all charges were withdrawn.
Criminal charges of conspiracy to import cocaine and conspiracy to traffic in cocaine withdrawn. M.R. was alleged to have been part of a major international drug trafficking ring that was responsible from bringing several kilograms of cocaine into Canada for distribution. M.R. hired Christopher Assie, as his criminal lawyer Toronto. The RCMP had conducted over a year of investigation into the suspects that formed part of the group responsible for importing cocaine. A shipment of cocaine concealed in a road-salt shipment was delivered to a warehouse in Brampton. The police acquired authorization to surreptitiously enter the warehouse and install covert audio and video recording equipment. M.R. was part of a group that came from Quebec to Brampton to pick up the cocaine and deliver it to Quebec. The evidence that M.R. was party to the conspiracy to import or the conspiracy to traffic was very weak. M.R. should have been charged with an attempt to possess for the purpose of trafficking rather than trafficking or importation. Possession for the purpose of trafficking is not an included offence to trafficking or importation. The Crown had charged M.R. with the wrong offence. After two years waiting for his trial, one week before the trial the Crown realized its mistake and charged M.R. with an attempt to possess for the purpose of trafficking. The Crown hoped that they could simply substitute the charges at the last minute and that counsel would not object. Counsel refused to accept the substitution and the Crown ultimately gave up on the prosecution. All charges against M.R. were withdrawn by the Crown.
Criminal charges of possession of illegal firearms and possession of cocaine for the purposes of trafficking withdrawn. The RCMP began an investigation into the possession of illegal firearms and trafficking of cocaine. They conducted several months of surveillance that ultimately concluded with the execution several search warrants and the arrest of several suspects. C.F. hired Christopher Assie. Counsel demonstrated to the Crown that they would not be in a position to prove beyond a reasonable doubt that C.F. knew about the illegal firearms and drugs located in the basement of his home given that they were not in plain sight and that someone else was occupying the basement. In exchange for a statutory declaration in which C.F. was willing to deny knowledge of the contraband in the basement and acknowledge that another person had access to the basement, the Crown agreed to withdraw all the charges against C.F. C.F. was also an avid hunter and the resolution included the ability of C.F. to keep his firearms possession and acquisition licence and have his lawful firearms returned to him.
Client charged with trafficking charges regarding cocaine, fentanyl, proceeds of crime and several firearm related charges released on bail after a two day bail hearing. Client represented by Joseph Neuberger and John Navarrete obtained disclosure on the firearms related offences and were able to expose flaws in the evidence that made the client’s connection to the firearms offences very tenuous. In addition, a comprehensive release plan was put forth with a strong surety and as a result the client was released on bail.
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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.
