Regina v. M.K. (2021)
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Financial or Material Benefit from Trafficking Persons, Fraud over $5,000.00, Assault, and Utter Threats, all withdrawn prior to preliminary hearing.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resolution was reached where withheld salary was paid to the complainant (which was appropriate), and the charges were withdrawn.