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R v Y.Z.
Y.Z. and a co-accused were charged with failing to provide the necessaries of life after an elderly person under their care sustained injuries during an accident and subsequently died. Ms. Ferg was retained and after securing initial disclosure (which included extensive medical documentation) the matter was set for trial. After numerous discussions with the Crown, Ms. Ferg successfully had the charge against her client completely withdrawn. Y.Z. avoided a criminal record and was able to continue working in her field.
R v D.R.
D.R. was convicted of importing approximately 5 lbs of a Schedule 1 substance (Opium) into Canada contrary to section 6(1) of the Controlled Drugs and Substances Act. After conducting an initial review of the file, Ms. Ferg obtained the disclosure from the original trial and conducted some additional inquiries. After lengthy discussions and negotiations with the Crown, the matter was sent back to the Court of Queen’s Bench for a new trial without the need for a full hearing before the Alberta Court of Appeal.
R v. A.D.
A.D. was charged with possession of drugs for the purpose of trafficking and simple possession under the Controlled Drugs and Substances Act as well as possession of proceeds of crime under the Criminal Code of Canada after his car was searched during a traffic stop. The drugs alleged to be involved were Alprazolam, Marihuana and Cocaine. Mr. McKay was retained as counsel and the matter was set for trial. Prior to trial, Mr. McKay and Ms. Ferg filed an extensive Charter notice alleging numerous violations of A.D.’s rights. The arguments included violations of A.D.’s right to be free of unreasonable search and seizure, insufficient grounds for arrest, as well as a violation of A.D’s right to counsel. The Charter notice also alleged that the police officer who arrested A.D. was abusive in her conduct and violated his section 7 right to life, liberty and security of the person.
The matter proceeded to trial and the parties entered into a voir dire to hear evidence in relation to the Charter motion. After the testimony of the arresting officer, the parties had discussions and the matter was resolved. While the charges he was facing carried a potential for significant jail time, A.D. pled guilty to two counts of simple possession and received a fine.
R v C.D.
After an extensive police investigation involving numerous wiretaps, C.D. and a co-accused were charged with discharging a firearm with the intent to wound, maim or disfigure in relation to a drive-by shooting. The matter was set for a multi-week trial before a jury in the Court of Queen’s Bench of Alberta. Prior to trial, Mr. McKay and Ms. Ferg had numerous meetings and discussions with Crown counsel. The matter was stayed the last business day before the trial was set to commence.
R v T.P.L.
T.P.L. was charged with second-degree murder after an incident that occurred in the early morning hours at a rural house party. Mr. McKay and Ms. Ferg came onto the file after the preliminary inquiry and the matter was scheduled for trial.
In the months leading up to the trial, Mr. McKay and Ms. Ferg sought further disclosure from the Crown and litigated two pre-trial motions. In terms of disclosure, the defence was able to obtain a number of important pieces of information in relation to the Crown’s star witness. This information was vital in destabilizing his credibility in cross-examination and casting doubt on what he said happened that night. The second pre-trial motion was an application to have a deceased eye witness’ prior statements introduced into evidence at trial. The version of events contained in this witness’ evidence was critical to the theory of the defence and was one of the only avenues available to corroborate what T.P.L. said happened. Both pre-trial motions were successful.
The trial was held before a judge and jury in superior court. It ran significantly longer than the parties anticipated and over the course of the trial, a number of unexpected legal issues arose. After the close of the Crown’s case, T.P.L. testified in her own defence. The case was left with the jury. After less than 24 hours of deliberation, the jury came back and T.P.L. was fully acquitted. She left court totally exonerated and was able to return home with her family.
R v C.D.
After an extensive police investigation involving numerous wiretaps, C.D. was charged with two counts of committing offences for the benefit of, at the direction of or in association with a criminal organization over a period of almost a year and a half. The charges carried a maximum sentence of 14 years in prison each. The matter (which involved 4 other co-accused facing numerous counts of attempted murder) was set for a 6 week judge and jury trial in the Court of Queen’s Bench. Shortly before the proceedings were to commence, Mr. McKay and Ms. Ferg were able to resolve the matter. A.B. pled guilty to a single count of drug trafficking and was able to put his criminal charges behind him.
R v A.B.
A.B. was charged with aggravated assault in relation to a jail fight. The complainant had serious injuries and the matter was scheduled for a multi-day trial. While the initial resolution offer from the Crown involved a guilty plea and jail time, after pre-trial negotiations and a defence disclosure request for internal jail records, the matter was stayed.
R v M.A.
M.A. was pulled over by the police and charged with impaired driving and driving with a blood alcohol level over 08. The matter was withdrawn within a month.
R v C.L.
C.L was charged with impaired driving and driving with a blood alcohol level over .08 after being found unconscious in a vehicle on the side of the road. The case involved a seizure of bodily evidence using a blood demand. After discussions with the Crown about the Charter violations that occurred when C.L’s blood was seized, the matter was stayed.
R v T.C.
T.C. was charged with robbery with a firearm, possession of a weapon for the purpose of committing an indictable offence and breaching a court order. While T.C. was facing several years in jail (particularly in relation to the robbery), Mr. McKay was able to reach a non-custodial resolution prior to trial. T.C. entered a plea to a lesser charge, the original counts were withdrawn and T.C. received a suspended sentence with 12 months of probation.
Past results are not necessarily indicative of future results and all litigation outcomes will vary according to the facts and circumstances of each individual case.