The King v. C.(R.) 2024

The police began investigating the client after a woman reported to them that two men had come to the door looking for her son.  The woman explained that the men had told her son that he owed money from a drug debt and that he would be hurt if he did not pay.  When the police spoke to her son he claimed that the client kept a loaded pistol on him at all times and would have it at his home if they searched there.  The police staked out a home they believed belonged to the client and went up to the house and rang the door bell.  The client answered the door and was arrested for uttering threats.  They also conducted a warrantless “clearing search” of the home to determine if there was anyone else inside that would have the ability to hide a firearm before police returned with a search warrant.  A few hours later police obtained a warrant to search the home.  When they did so they found the loaded pistol in the bedroom that was clearly occupied by the client.  The client was charged with numerous offences for possession of the pistol.  He was not a Canadian citizen and faced automatic deportation if convicted.  The client hired Mr. van der Walle who, after reviewing the case, began negotiating with the Crown.  Basically, it was Mr. van der Walle’s position that the police had violated the client’s constitutional rights in so many ways and in such a serious manner that the charges ought to be dropped immediately.  Much to her credit, the Crown prosecutor agreed and the charges were all dropped many months before any trial was set to take place.  Not guilty, no trial necessary.