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Police Investigations

Upon witnessing an event or receiving information regarding a potential criminal act, police will embark upon an investigation. Essentially, police investigations are where police gather evidence to determine if their suspect is chargeable with a criminal offence.

What happens when you become the subject of a police investigation?

We are criminal defence lawyers with over 30 years of experience, skilled in steering our clients through police investigations from beginning to end. Our goal is clear and simple: to preserve your rights under the Charter of Rights and Freedoms. These rights include:

  • The right to remain silent;
  • The right to obtain legal advice upon detention or arrest;
  • The right to be free from an unreasonable search and seizure;
  • The right not to be detained or arrested arbitrarily;
  • The right to be treated by police in a fair and non-oppressive manner, including, in appropriate situations, the right to a translator or medical assistance before speaking to police.

Your Right to Remain Silent

The right to remain silent is fundamental to Canadian law. Our law dictates that is it up to the state (the police and Crown counsel) to prove crimes against an accused person. The accused has no obligation, except in very limited circumstances, to cooperate with the police whatsoever. We certainly understand that when people are confronted by police as a suspect in a criminal investigation that the vast majority of people feel intimidated and powerless. If you are under police investigation for any offence, contact us. We can act as a “buffer” between you and the police. We can communicate to the investigators on your behalf without putting you at risk of incriminating yourself. We will help you enforce your right to remain silent and your rights against self-incrimination that are guaranteed by the Charter.

Recent Successes

R. v. H.C. – Vancouver Provincial Court

Charges: Sexual Assault; Sexual Interference.
Issue: Whether the complainant held herself out to be at least 16 years of age and whether our client took reasonable steps to ascertain her age.
Result: Mr. Mines was able to provide information to Crown counsel on our client's behalf that established that our client did take reasonable steps to ascertain the complainant's age. In the result, Crown declined to approve any criminal charges. No criminal record.

R. v. A.L. – Vancouver Provincial Court

Charges: Tax Evasion (Excise Tax Act); Fraud Over $5000 x2.
Issue: Given our client's cooperation with the investigation, his civil settlement and his genuine remorse, whether a jail sentence was appropriate for this almost one million dollar tax evasion case.
Result: Mr. Mines was able to provide medical and financial information to Crown counsel that ultimately led Crown to proceed on the fraud charges rather than seeking an almost one million dollar mandatory fine under the Excise Tax Act. The Court accepted the joint submission for a 2 year less a day conditional sentence and probation. No jail.

R. v. T.C. – Fraud Over $5000 Investigation

Charge: Fraud Over $5000.
Issue: Given the civil settlement of this $245,000 misappropriation from employer case, whether there was any interest in pursuing  a criminal investigation and prosecution.
Result: Mr. Johnson was able to negotiate a civil settlement and obtained a Final Release from the complainant. No criminal investigation occurred. No risk of jail or criminal prosecution.

R. v. Q.D.T. – Vancouver Provincial Court

Charge: Assault.
Issue: Given the rehabilitative steps we were able to guide our client through, whether it was in the public interest to continue the criminal prosecution.
Result: Mr. Gauthier was able to persuade Crown counsel to allow our client into the Alternative Measures program. Upon completion of Alternative Measures, Crown enteresd a stay of proceedings. No criminal record.

R. v. A.M. – Possession of Stolen Property Investigation – Squamish RCMP

Charge: Possession of Stolen Property (motor vehicles).
Issue: Whether there was sufficient evidence that our client was aware that the vehicles that he possessed had been obtained by the commission of crimes.
Result: Mr. Gauthier was able to steer our client through the police investigation. Ultimately, based on insufficient evidence, police declined to forward charges against our client. No prosecution. No criminal record.

R. v. S.R. – Insurance Fraud Investigation

Charge: Insurance fraud over $5000 investigation.
Issue: Given our client’s rehabilitation and repayment of disputed funds, whether it was in the public interest to proceed with a criminal prosecution.
Result: Mr. Gauthier was able to persuade the Insurance company to settle the matter on a civil basis. No criminal charges were forwarded. No criminal record.

R. v. A.B. – Vancouver Provincial Court

Charge: Break and Enter.
Issue: Given our client's mental health issues, whether a conditional discharge was an appropriate sentence for this drug store break in.
Result: Mr. Gauthier  provided Crown counsel with information about our client which persuaded Crown to make a joint submission for a conditional discharge. No jail. No criminal conviction.

R. v. M.G. – Nanaimo Provincial Court

Charges: Sexual Assault; Theft of Motor Vehicle x2; Break & Enter.
Issue: Whether or not it was in the public interest to proceed with the trial considering the reluctance oft the Crown's central witness and rehabilitative steps we were able to guide our client through.
Result: Mr. Gauthier was able to provide information to Crown counsel that ultimately led to a stay of proceedings on all counts. No criminal record.

R. v. S.G. – Port Coquitlam Provincial Court

Charges: Obstruct peace officer.
Issue: Whether it was in the public interest to continue with a criminal prosecution.
Result: Given our client's remorse and rehabilitation, Mr. Gauthier was able to persuade Crown counsel to divert our client into the Alternative Measures Program and to withdraw the charge. No criminal record.  

R. vs. A.B. – Insurance Fraud Investigation

Charge:  Fraud Under $5000.
Issue: Given our client's rehabilitation and repayment of the disputed funds, whether it was in the public interest to proceed with a criminal prosecution.
Result: Mr. Gauthier was able to persuade the insurance company to settle the matter on a civil basis. No criminal charges were forwarded. No criminal record.

R. v. S.M. – Surrey Provincial Court

Charges: Uttering Threats (domestic).
Issue: Given the circumstances of the incident and our client's background, whether it was in the public interest to proceed with the charge.
Result: Considering our client's unblemished history awaiting trial,  Mr. Gauthier was able to persuade Crown counsel to withdraw the charge. No criminal record.

R. v. M.L. – Vancouver Provincial Court

Charges: Sexual Assault; Breach of undertaking.
Issue: Whether the complaint met the Crown's charge approval standard. Whether it was in the public interest to proceed with the breach charge.
Result: Mr. Gauthier was able to provide information to Crown on our client's behalf which, ultimately, resulted in Crown not approving any charge on the sexual assault complaint and agreeing to a 12 month peace bond on the breach charge. No jail. No criminal record.

Can you avoid being arrested or held in police custody?

The Criminal Code provides police and Crown a wide measure of discretion in deciding whether to arrest or whether to seek an accused’s detention prior to trial. For example, s. 496 allows an officer to, rather than arrest a suspect, issue an appearance notice, directing the suspect to attend court on a future date. Similarly, s. 497 and s. 498 allow a police officer to release an arrested person by issuing an appearance notice or summons to court. Even where the suspect is arrested on a warrant, s. 499 allows police to release a suspect on a promise to appear or on an undertaking with protective conditions such as orders of “no contact,” “non-attendance,” or various types of prohibitions for items such as weapons, communication devices or other items.

When clients under investigation contact us early enough, we will endeavor to persuade police to not arrest our client at all, or to promptly release them on the least restrictive conditions possible. To succeed in these representations, we must establish that, in the circumstances, it is not necessary to hold our client in custody, including the need to:

  • Establish our client’s identity;
  • Secure or preserve evidence relating to the alleged offence;
  • Prevent the continuation or repetition of the offence or another offence; or
  • To ensure the safety and security of any victim of or witness to the offence.

Representing Clients under Investigation

Whether you are suspected of theft, assault, a driving offence, a drug offence or a serious crime, the police will undoubtedly want to speak with you, to “hear your side of the story.” Before speaking to police, you should understand that, under the Charter, you are not obliged to do so. Under Canadian law, your silence cannot be used later in court to infer that you must have something to hide. Over the years we’ve had many successful cases because our client was able to properly exercise their right to remain silent. Before speaking to the police, call us.

Start with a free consultation.

If you are being investigated by police or if you’ve been charged with a criminal or driving offence, don’t face the problem alone. Being accused of an offence is stressful. The prospects of a criminal record or jail sentence can be daunting. Even if you think there is no defence, we may be able to help. To schedule a free initial consultation with one of our Vancouver lawyers, contact us now.