The Queen v. F.(W.) 2020

  The police executed a search warrant at the client’s home after they identified a computer in the home as being responsible for accessing illegal pornography on the internet .  After the police executed the search warrant the client attempted to kill himself and left a suicide note to his girlfriend that he shared the home with, in which he took responsibility for the illegal pornography that the police ultimately discovered on his computer.  Obviously things did not look good for the client given the massive collection of grotesque pornography that the police found and the seemingly overwhelming evidence against him.  After being retained Mr. van der Walle reviewed the case carefully and was able to unearth a serious problem with the search warrant.  Two months prior to the beginning of the trial Mr. van der Walle filed his Notice of Constitutional Motion arguing that the search warrant was invalid because the officer that swore the affidavit to obtain the search warrant had left out a critical detail that seriously undermined the officer’s grounds for getting the warrant.  Thankfully the Crown prosecutor agreed and terminated the case by entering a stay of proceedings a few weeks before the trial was set to begin.  Not guilty of all charges.  No trial necessary.