Selected Cases

A.A. was being investigated by the police in relation to an allegation of sexual assault by an acquaintance. After finding out the police wanted to talk to A.A., A.A. sought pre-charge legal advice in relation to A.A.’s rights and obligations under the law. A.A. also sought advice about what, if any, interaction A.A. should have with the police.
After extensive preparation and an independent, A.A. gave a police interview. A.A. went into the interview with the benefit of a full understanding of the legal jeopardy involved, the risks of giving an interview, an understanding of police interview techniques and a strategy to minimize any potential exposure. A.A. followed the interview plan and was able to explain to the police what happened without incriminating himself. A.A. was not charged and the police file was closed.

The client was charged with committing a sexual assault on his daughter. This was a historical sexual assault allegation from years prior, with ties to other jurisdictions, and several other witnesses, giving rise to many complex legal issues. After a years’ long investigation, preliminary inquiry, and a trial that lasted several months with many pre-trial applications, the client was found NOT GUILTY, and avoided the starting point of 5 years jail if he had been convicted. 

R.N. was charged with two counts of sexual assault after an allegation from an ex-romantic partner. Mr. McKay took over the file from other counsel shortly after the preliminary inquiry. Mr. McKay had extensive discussions with the Crown during the pre-trial conference process and the Crown stayed the charges before trial dates were set. 

B.P. was charged with sexual assault and sexual exploitation. The prosecuting authorities alleged that B.P.’s girlfriend was not old enough to consent to a sexual relationship. The client decided to contact his former lawyer, Ian McKay, in order to assist with these charges. On the day set for preliminary inquiry, Mr. McKay convinced the prosecuting authorities that the investigation was seriously flawed and that the prosecution was doomed to fail. Much to the chagrin of the local police force, all charges against B.P. were dropped.

P.G., who resided in another jurisdiction, was subject to a Canada Wide Warrant for his arrest for a very serious crime.  P.G. retained Mr. McKay in order to negotiate the terms of his release if he were to return to Alberta and to defend him against the allegations.  Not only did Mr. McKay immediately secure his release but Mr. McKay had all charges dropped against P.G. within 3 weeks.

The client stood charged with over ten criminal charges including sexual exploitation and sexual assault on a minor. Counsel was bale to secure the client’s release in a timely fashion and with minimal conditions without having to run a bail hearing.

Mr. McKay and Ms. Ferg represented M.B. who was charged with the historical sexual assault of 2 child complainants. The case involved a number of special evidentiary issues (due to the dated nature of the allegations and the age of the complainants at the relevant times). M.B. mounted a rigorous defence that involved calling evidence and making extensive oral and written legal submission. After an emotionally charged trial, M.B. was found not guilty of everything.

This was a historical sexual assault case where the client was charged with sexual assault and sexual exploitation of a minor.  The charges were laid years after the alleged events. During the preliminary inquiry, Mr. McKay was able to expose a number of problems with the complainant’s testimony and the charges were withdrawn.