Selected Cases

2016

Drug Offences

After a major drug investigation in Saskatchewan, A.B. was charged with possession for the purpose of trafficking in cocaine, conspiracy to traffic in cocaine and marijuana, directing a criminal organization, possession of proceeds of crime and a number of weapons related offences. Mr. McKay was immediately retained for the purposes of securing his release and to defend A.B. on the merits.

The police investigation involved approximately 22 warrants to seize various items, 2 authorizations to intercept private communications (wiretap orders) and numerous police and civilian witnesses. Mr. McKay and Ms. Ferg ran a preliminary inquiry during which a number of key police witnesses were cross-examined. At the conclusion of the preliminary inquiry, the Crown decided that they would not proceed on the conspiracy to traffic in marijuana charge and the various weapons charges. Shortly thereafter, the Crown also decided not to proceed on the criminal organization charges.

The first pre-trial motion was conducted over two weeks and involved challenging the legality of 7 searches. These searches were critical as they formed the foundation for the later wiretaps and numerous production orders. All of these searches were ruled illegal as they breached A.B.’s section 8 Charter rights. As a result of the successful motion, the Crown agreed to withdraw all of the remaining serious charges and the matter was resolved.

Ian McKay, Heather Ferg
Computer Offences

O.V. was charged with various offences related to child pornography found on his computer. This case involved complex and nuanced technical and legal issues. The technical aspects included expert evidence on computer forensic analysis, peer-to-peer programs, computer memory and specialized software. Legally, the case involved numerous search and privacy issues.

Mr. McKay and Ms. Ferg represented O.V. at preliminary inquiry and trial. At trial, O.V. was found not guilty of accessing and trafficking in child pornography but guilty of possession. This conviction was appealed and a 3-member panel of the Alberta Court of Appeal unanimously agreed that O.V. should not have been convicted. The conviction was quashed and the Court entered an acquittal. The Crown was not pleased with this outcome and has appealed the case to the Supreme Court of Canada.

Ian McKay, Heather Ferg
Drug Offences

A.L. was charged with possession of cocaine for the purpose of trafficking and possession of proceeds of crime in relation to a “random” traffic stop on a Saturday night. After securing his release, Mr. McKay immediately began negotiations with Crown counsel which resulted in a referral to alternative measure and the charges being withdrawn.

Ian McKay
Drug Offences

P.L. was charged with possession of nearly 2 oz of cocaine for the purpose of trafficking and an possession of a prohibited weapon after the police searched his vehicle. The matter was set for trial but Mr. McKay was able to persuade the Crown to withdraw the charges prior to the trial date.

Ian McKay
DUI & Driving Offences

D.K. was charged with impaired driving and driving with a blood alcohol level over .08 after a traffic stop. Mr. McKay filed a Charter motion alleging a breach of D.K.’s section 10(b) Charter right to counsel. The Crown agreed to withdraw all of the charges without having to proceed to trial.

Ian McKay

T.R. was charged with numerous offences in relation to a home invasion and robbery with a loaded handgun. After Mr. Patmore secured T.R.’s release on bail, an expert forensic psychiatrist was retained to evaluate T.R. and assist with determining the best course of action. After extensive negotiations, T.R. pled guilty to one count of being unlawfully in a dwelling house. Mr. McKay conducted sentencing and T.R. was sentenced to a conditional discharge with two years of probation.

Ian McKay, Ryan Patmore
DUI & Driving Offences

R.L. was charged with impaired driving and driving with a blood alcohol level over .08 after a traffic stop. Mr. McKay filed a Charter motion alleging a breach of R.L.’s section 8 Charter right to counsel. The Crown agreed to withdraw all of the charges prior to trial.

Ian McKay
DUI & Driving Offences

E.A. was charged with impaired driving, driving with a blood alcohol level over .08, hit and run after E.A. was located by HAWCS helicopter after an accident.  Mr. McKay filed a Charter motion alleging a breach of E.A.’s section 10(b) Charter right to counsel. On the day of trial, the Crown agreed to resolve the matter by way of guilty plea to a traffic ticket.

Ian McKay
DUI & Driving Offences

T.B. was charged with impaired driving and driving with a blood alcohol level over .08 after a traffic stop. Mr. McKay filed a Charter motion alleging a breach of T.B.’s section 7 Charter right to full disclosure. The Crown agreed to withdraw all of the charges prior to trial.

Ian McKay
Drug Offences

Mr. McKay was counsel for C.D. who was charged with trafficking in cocaine and conspiracy to traffic in cocaine. This major out-of-province prosecution involved the use of wiretaps, informants, search warrants and surveillance evidence. On the first day of trial, Mr. McKay conducted extensive negotiations that resulted in numerous charges being withdrawn. This significantly reduced C.D.'s jeopardy and led to the successful resolution of the matter.

Ian McKay
Crimes of Violence & Domestic Assault

The trial proceeded against A.M.D. on charges of domestic assault with a weapon, uttering threats and mischief. The Crown alleged that the client, while in a severe state of intoxication, had stabbed the complainant with a screwdriver and caused significant damage to the property. During cross-examination, Mr. Patmore was able to highlight significant inconsistencies in the complainant’s version of events and impeach him on his prior statements. A.M.D. was acquitted of all charges.

Ryan Patmore
Crimes of Violence & Domestic Assault

Mr. Patmore ran a contested Bail Hearing in a case where the client was accused of robbing a financial institution, mischief over $5,000, numerous thefts and fraud. Despite the client having a number of outstanding warrants, Mr. Patmore was successful in obtaining his release.

Ryan Patmore
Crimes of Violence & Domestic Assault

The client was charged with domestic assault and uttering threats. After lengthy discussions with the Crown Mr. Patmore was able to persuade them to drop the charges.

Ryan Patmore
DUI & Driving Offences

G.G. was charged with impaired driving, driving with a blood alcohol level over .08 and failing to remain at the scene of an accident. Mr. Patmore filed a Charter motion for a Stay of Proceedings alleging that the Conservation officer who conducted the investigation did not have the statutory authority to detain his client. While the Crown had a strong case, after lengthy negotiations, they conceded the merits of the Charter application and the matter was resolved through a plea to a traffic ticket. The much more serious criminal code offences were withdrawn.

Ryan Patmore
Crimes of Violence & Domestic Assault

The client was charged with assault with a weapon, dangerous driving and theft. After lengthy discussions with the Crown, and the fact that there were many issues regarding potential conviction, the Crown withdrew the more serious counts against the client. In a contested sentencing hearing, Mr. Patmore convinced the Judge to grant a Conditional Discharge, whereby, the client would not have a criminal record after a short period of Probation.

Ryan Patmore

2015

Sexual Offences

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.

Ian McKay
Drug Offences

D.G. was charged with possession for the purpose of trafficking after the police found almost 2 oz of crack cocaine in his rental vehicle.  D.G. was stopped in a “routine” traffic stop which led to the eventually seizure.  Mr. McKay launched a constitutional challenge to the traffic stop and the search of his car based upon a breach of D.G.’s right to be free against unreasonable search and seizure. The judge agreed with Mr. McKay’s argument that the police had no grounds to search the vehicle and excluded all drug evidence found in the vehicle.  D.G. was found not guilty of all drug charges.

Ian McKay
Drug Offences

B.T. was charged with possession of cocaine for the purpose of trafficking and possession of proceeds of crime in relation to a “random” traffic stop on a Saturday night. After securing his release, Mr. McKay immediately began negotiations with Crown counsel which resulted in a referral to alternative measure and the charges being withdrawn.

Ian McKay
Drug Offences

B.S. was recently charged with possession for the purpose of trafficking in GHB.  The police stopped B.S. in what has become known as a roadside “pipeline” stop.  The car was searched and a large quantity of GBH was found. B.S. retained Mr. McKay and despite the fact that this was one of the largest seizures of GHB in Alberta history, Mr. McKay was able to secure B.S.’s release from custody within one day of being retained.

Ian McKay
Sexual Offences

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.

Ian McKay

D.R. entered a guilty plea to assault with a weapon and causing a disturbance. After a lengthy and contested sentencing hearing, Mr. Patmore successfully argued for a Conditional Discharge. This meant that after a short period of probation, D.R. would not have a criminal record.

Ryan Patmore
DUI & Driving Offences

The trial proceeded in a case alleging that the client refused to provide a breath sample into an Approved Roadside Screening Device (“ASD”). After argument, the Court agreed with the Ryan Patmore’s submissions that the officer had no legal justification for the delay he occasioned in advising his client that she was to provide a breath sample into the ASD forthwith (as soon as possible). The client was acquitted.

DUI & Driving Offences, Crimes of Violence & Domestic Assault

D.V.P. was charged with numerous offences (including domestic assault, unlawful confinement, various weapons offences, impaired driving, and several breaches of court orders). Mr. Patmore ran a contested bail hearing (in a reverse onus situation) and successfully obtained D.V.P.’s release. Mr. Patmore was then successful in resolving the matter by negotiating to have the most serious charges withdrawn.

Ryan Patmore
Sexual Offences

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

Ryan Patmore
Drug Offences

The client was charged with possession for the purposes of trafficking, after the RCMP executed a search warrant on a dwelling house that revealed large quantities of cocaine. The client had numerous outstanding warrants for failing to appear to court and breaches. Mr. Patmore successfully negotiated his client’s release with the Crown prosecutor on very minimal conditions.

Ryan Patmore
Crimes of Violence & Domestic Assault

The client pled guilty to charges of domestic assault and mischief. In sentencing, Mr. Patmore successfully argued for a Conditional Discharge, whereby, after a short period of probation, his client would not have a criminal record.

DUI & Driving Offences

C.S. was charged with impaired driving and driving with a blood alcohol level over .08. Mr. Patmore filed a pre-trial motion alleging a violation of C.S.’s right to speak with his lawyer of choice. Despite the arresting police officer’s claim that all opportunities for the client to contact a lawyer were exhausted, Mr. Patmore successfully argued that the officer did not adhere to the strict requirements of the Charter. C.S. was acquitted.

Ryan Patmore
DUI & Driving Offences

The client was set to proceed to trial on a fourth allegation of driving while disqualified under the Criminal Code. If convicted, D.B. was faing months of incarceration. After lengthy negotiations with the Crown prosecutor regarding technical evidentiary issues, Mr. Patmore was able to persuade the Crown to resolve the matter with a plea to a traffic ticket. Despite the Crown’s relatively strong case, the criminal charges were withdrawn and D.B. was able to avoid another conviction on her criminal record and certain jail.

Ryan Patmore
DUI & Driving Offences

P.P’s case was set to proceed to trial on charges of impaired driving and driving with a blood alcohol level over .08. Mr. Patmore filed a pre-trail Charter motion alleging that the arresting officer did not have the proper grounds for P.P.’s arrest. Mr. Patmore also argued that P.P’s right to contact counsel had been breached. The Crown conceded all arguments and the charges were withdrawn before trial.

Ryan Patmore

2014

Drug Offences

Mr. McKay’s client was charged with possession of four ounces of cocaine for the purpose of trafficking as well as possession of proceeds of crime.  Because of the new “Tough on Crime” agenda, A.M. was facing a mandatory minimum of 3 years in jail if he was convicted.  As a result of a hard fought pre-trial application, all charges were dismissed.  A.M. walked out the front door a free man.

Ian McKay
Drug Offences

R.W. was charged with possession of marijuana and possession of proceeds of crime after the Calgary Police Service broke down his door to execute a search warrant. On the morning of trial, Mr. McKay was able to expose a fatal weakness in the case and all charges were dismissed.

Ian McKay

A.C. was charged with common assault in relation to a young child. During the initial stages of the prosecution, the stakes were raised when the charges were increased to sexual assault.  Mr. McKay was asked to take the case over and was able to expose the potential for collusion between the witnesses on the morning of the preliminary inquiry. All charges were immediately dropped and A.C. was spared the stress and expense of defending the charges at trial.

Ian McKay
Drug Offences

C.P was charged in another province with possession of almost 14 ounces of cocaine for the purpose of trafficking. Mr. McKay and Ms. Ferg were retained at the end of the preliminary inquiry and brought a pre-trial motion for the exclusion of evidence under the Canadian Charter of Rights and Freedoms. The application involved cell phones, wiretap law and cutting edge issues in electronic search and seizure litigation. On the eve of trial, C.P was offered a conditional sentence order (i.e. a period of house arrest) which is almost unheard of for a drug seizure of this magnitude. Needless to say, C.P. was more than happy to accept this resolution.

Ian McKay
DUI & Driving Offences, Crimes of Violence & Domestic Assault

O.K. was charged with impaired driving, driving with a blood alcohol level over .08, hit & run, dangerous driving and assault with a weapon.  While the Crown’s case looked bullet proof on paper, it began to unravel in the courtroom during Mr. McKay’s cross-examination of the Crown’s key witnesses. Midway through the trial, the Crown withdrew all charges in exchange for a guilty plea to two traffic tickets.

Ian McKay
DUI & Driving Offences

P.H. was charged with impaired driving and driving with a blood alcohol level over .08. Mr. Patmore filed a pre-trial Charter motion alleging a violation of P.H.’s right to contact counsel. The motion was based on video evidence that clearly depicted the vital points of the interaction between P.H. and the arresting officer. The Crown insisted on proceeding to trial. Mr. Patmore argued (based on the Crown’s own evidence) that there was a clear Charter breach and the evidence should be excluded. The Court agreed and the charges were dismissed.

Ryan Patmore
DUI & Driving Offences

D.T. was charged with impaired driving and driving with a blood alcohol level over .08. Mr. Patmore’s cross-examination of the RCMP officers made it clear that their “observations” of D.T.’s alleged impairment we exaggerated and could not even meet the low standard to justify a roadside screening.D.T. was acquitted.

Ryan Patmore
DUI & Driving Offences

C.D. was charged with impaired driving and driving with a blood alcohol level over .08. After trial, the judge asked the parties to provide written submissions on two Charter issues. Once Mr. Patmore filed his written argument, the Crown conceded the case and had the matter brought into Court for the charges to be withdrawn.

Ryan Patmore
DUI & Driving Offences

J.B. was charged with disqualified driving under the Criminal Code. After the trial, the Court asked for written submissions from both counsel on the issue of whether J.B.’s right to counsel had been breached. After receiving Mr. Patmore’s written brief, the Crown conceded the case and the charge was withdrawn.

Ryan Patmore

2013

Sexual Offences

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.

Ian McKay
Drug Offences

Mr. McKay’s client was charged with possession for the purpose of trafficking (PPT) in marijuana and possession of proceeds of crime. At trial, Mr. McKay launched a vigorous on the police investigation. He challenged the search of D.G.’s vehicle and contested the validity of the expert evidence called by the Crown. Ultimately, D.G. was found not guilty of PPT and not guilty of the proceeds of crime charge.

Ian McKay
Drug Offences

C.O. was charged with possession for the purpose of trafficking (PPT) of 35,000 tabs of ecstasy, possession of a loaded handgun and possession of the proceeds of crime (cash).  Mr. McKay and Ms. Ferg brought a pre-trial application for a judicial stay of proceedings pursuant to the Canadian Charter of Rights and Freedoms. The application was based upon a violation of C.O.’s constitutional right to have a trial within a reasonable time.  The application was granted and C.O. walked away a free man with no criminal record.

Ian McKay
Homicide

K.W. was charged with second-degree murder in the interior of British Columbia. This high profile, 6-week jury trial involved complex forensic and blood pattern analysis evidence. Mr. McKay and his team launched a vigorous defence on behalf of the client based upon the argument of self-defence.

Ian McKay
Crimes of Violence & Domestic Assault

L.G. was charged with robbery, criminal harassment and assault causing bodily harm in relation to an incident that allegedly occurred during a contentious and volatile marital breakup. These serious charges left the client at risk for a significant period of jail time. After a hotly contested trial, L.G. was found not guilty of everything except for 1 count of common assault.  L.G. was sentenced to a conditional discharge (which means he will not have a criminal record after 1 year).

Ian McKay

A multi-day trial was set for the client in a high profile case alleging Hit and Run Causing Bodily harm.  The Crown’s case was circumstantial and contingent on the admissibility of C.M.’s alleged confession. Mr. Patmore filed a pretrial motion arguing that the statement was not given voluntarily and was obtained in violation of his right to contact a lawyer under the Canadian Charter of Rights and Freedoms.  When the Crown received notice of Mr. Patmore’s application to exclude the evidence, it acknowledged the Charter violations and the prosecution was stayed.

Ryan Patmore
DUI & Driving Offences

The client was charged with impaired driving and driving with a blood alcohol level over .08. S.B. was detained for several hours after his arrest. At trial, Mr. Patmore was able to demonstrate that the police had no common law or statutory authority to detain S.B in the manner that they did.  The Court concluded that the S.B.’s Charter protected right to be secure against arbitrary detention was violated and granted Mr. Patmore’s application for a Judicial Stay of Proceedings.

Ryan Patmore
DUI & Driving Offences

The client was charged with impaired driving, dangerous driving and driving with a blood alcohol level over .08. While the police maintained that J.R. had waived his constitutional right to contact a lawyer, Mr. Patmore was able to persuade the Court that in the unique circumstances of the case, the police were obliged to advise J.R. of his right to counsel upon arrival at the detachment before they asked him to provide breath samples.  The Court found that there was a violation of J.R.’s right to counsel and the evidence of his blood alcohol concentration was excluded as a result.  J.R. was acquitted of all charges.

Ryan Patmore

2012

Drug Offences

Mr. McKay’s client was charged with significant drug charges in British Columbia.  During a spirited cross-examination of the investigating officer, it became clear that despite having arrested and charged J.E., the officer could not verify the type of drug seized nor the weight of the substance involved. J.E. was found not guilty of all charges.

Ian McKay
White Collar Crime

Mr. McKay and Ms. Ferg were retained to represent H.L. who was charged with numerous counts of fraud, extortion and criminal harassment.  This 4-week trial involved an Alberta precedent setting decision as it relates to seizure of banking records from financial institutions.  In addition, it involved issues surrounding the complex interplay between historical financial records and the professional affiliations of the client.

Ian McKay, Heather Ferg
Crimes of Violence & Domestic Assault

S.D. was charged with stabbing a bouncer at a Calgary bar.  On the eve of trial, Mr. McKay spoke with the Crown and alerted them to the serious weaknesses in their case. All charges were withdrawn.

Crimes of Violence & Domestic Assault

The client was charged with unlawful confinement and assault after an incident that allegedly occurred in a hotel room in northern Alberta.  On the eve of trial, the Crown withdrew all charges.

DUI & Driving Offences, Crimes of Violence & Domestic Assault

Mr. McKay’s client was charged with unlawful confinement, assault with a weapon and uttering death threats. At the trial, the complainant was the first witness for the Crown. After an intense cross-examination, the Crown recognized the serious problems with the complainant’s credibility and invited the Court to dismiss the charges. C.M. was found not guilty of all charges.

Ian McKay
DUI & Driving Offences

The accused was stopped for speeding and then investigated for impaired driving. The police demanded a sample of K.H.’s breath and K.H. was charged with impaired driving and driving while with a blood alcohol level over .08 as a result.  At trial, Mr. McKay applied for the exclusion of evidence under the Canadian Charter of Rights and Freedoms based on the police’s failure to collect the breath samples in a timely fashion. Mr. McKay’s application was granted and K.H. was found not guilty of all charges.

Ian McKay
DUI & Driving Offences

E.K. was charged with impaired driving and driving with a blood alcohol level over .08.  At the end of the trial, Mr. McKay advanced several arguments including that the Crown had failed to prove the identification of the accused. After carefully reviewing the evidence and legal issues, the Court agreed identification had not been proven beyond a reasonable doubt and E.K. was found not guilty of all charges.

Ian McKay

A.B. was charged with fraud and uttering forged documents in relation to a complex credit card scheme. After extensive negotiations with the prosecuting authorities, Mr. McKay managed to convince the Crown to kill the entire prosecution. Mr. McKay’s client walked away a free man.

Ian McKay
DUI & Driving Offences

The client was charged with impaired driving and driving while over the legal limit. After Mr. McKay raised a novel argument regarding a breach of the client’s constitutional right to counsel, the client was found not guilty of all charges.

Ian McKay
DUI & Driving Offences

M.B. was charged with impaired driving and driving while over the legal limit.  The client was kept in jail for a number of hours after his arrest without justification.  Mr. McKay sought a stay of proceedings pursuant to the Canadian Charter of Rights and Freedoms based on a violation of M.B.’s right not to be arbitrarily detained. The stay was granted and M.B. was able to avoid a criminal record. 

Ian McKay

2011

Sexual Offences

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. 

Ian McKay
DUI & Driving Offences

T.S. was charged with impaired driving causing bodily harm and dangerous driving causing bodily harm. These were serious offences that could have led to a significant period of incarceration. Mr. McKay conducted a preliminary inquiry in the case and his extensive cross-examination revealed a number of weaknesses in the Crown’s case. As a result, T.S. was offered a plea bargain on the eve of trial. He pled guilty to one count of impaired driving and his sentence involved a fine and probation rather than a penitentiary jail term.

Ian McKay
White Collar Crime

A.B. was arrested and charged with numerous offences involving the possession and manufacturing of fake credit cards. Such charges can attract high fines and long periods in jail.  On the first day of trial, Mr. McKay’s aggressive cross-examination of the primary investigator led the Crown to make a resolution offer. All of the charges against A.B. were withdrawn and in exchange he pled guilty to being in possession of a fake driver’s license. 

Ian McKay
Homicide

Mr. McKay’s client was charged with first-degree murder in the brutal shooting of a well-known drug dealer in Red Deer.  In Canada, first-degree murder carries an automatic life sentence. After exhaustive preparation, Mr. McKay ran a preliminary inquiry and was able to expose many weaknesses in the police investigation. As a result, P.S. was cleared of ALL charges without having to go to trial. P.S. left the proceedings a free man no longer worried about spending the rest of his life in custody.

Ian McKay
Drug Offences

The client was charged with a marijuana grow operation involving numerous marihuana plants. Mr. McKay conducted a preliminary inquiry and was able to expose a number of significant weaknesses in Crown’s case. After the preliminary inquiry, the matter was set for trial. Based on what had happened at the preliminary inquiry and the strength of the remaining evidence against W.C., the Crown prosecutor chose to stay the charges approximately 1 week before the trial was scheduled to commence.

Ian McKay
DUI & Driving Offences

J.N. was charged with impaired driving causing bodily harm after a four-car accident in southwest Calgary.  During the preliminary inquiry, Mr. McKay cross-examined the officers involved and established that they failed to respect his client’s rights under the Canadian Charter of Rights and Freedoms. Additionally, Mr. McKay’s cross-examination showed that the Crown would have significant problems proving what, exactly, caused the accident. After the preliminary inquiry the matter was set for trial. On the eve of trial, J.N. was offered a resolution and pled guilty to one count of impaired driving. The rest of the charges were withdrawn. Ultimately, J.N. walked away with a driving suspension and a fine rather than a term in the penitentiary. 

Ian McKay
DUI & Driving Offences

The client was charged with impaired driving and driving with a blood alcohol limit over .08 after he drove his vehicle into 2 parked cars.  After numerous days of trial and a number of successful applications for the exclusion of evidence, the client was found not guilty of all charges.

Ian McKay
DUI & Driving Offences

D.O. was charged with drunk driving. During the investigation, the police used a machine called an Intoxilyzer 5000C to collect D.O.’s breath samples. When the breath technician who operated the machine was called as a witness, Mr. McKay was able to use his expertise in the area to cross-examine him on the technical aspects of the machine. This led to a nuanced argument during which Mr. McKay was able to show that the breath test results were unreliable. D.O. was found not guilty.

Ian McKay
DUI & Driving Offences

S.H. was charged with impaired driving and driving with a blood alcohol level over .08.  At trial, Mr. McKay argued that the police had violated his client’s Constitutional right to consult with counsel of choice. The argument was successful and the incriminating evidence was excluded. S.H. was found not guilty of all charges. 

Ian McKay

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