patty's Case — Possession firearms — Stayed

Client:  Patty, Accused
Complainant:  Toronto Police Service, 51 Division

Charges:  unauthorized possession of a firearm (2x), possession weapons dangerous, carry concealed weapon, and possession of ammunition for a dangerous purpose

Background:  It's hard to believe that in the post-9/11 world a wanted person, carrying firearms with over 500 rounds of ammunition, and driving a vehicle known to the police and border authorities, can simply drive unnoticed into Canada. But that's what happened. According to the police, Patty left a mental health facility in New York, held her mom and sister captive at knifepoint, and drove eastwards across state lines, eventually making her way alone to Toronto. While here, she abandoned her vehicle, and tried to check into a youth hostel. Upon learning that Patty had firearms, they called the police. Patty was arrested, charged with the above offences, and held for a bail hearing. The Crown opposed her release. Patty was supposed to have a hearing before a Judge, but, after several Court appearances, she felt stalled. That's when I became involved. Her mom in California had found me on-line. Patty had just spent her 13th day in custody. Patty's mom explained that the Toronto police report regarding events on the U.S. side of the border were not entirely accurate, and that, in any event, no U.S. charges were laid or expected. Patty's mom also confirmed that there was no outstanding U.S. mental health warrant.

READ THE POLICE REPORT

Goals:  The goals were as follows: (i) to get Patty out of custody, (ii) to get her mental health assistance, and (iii) to get the charges withdrawn or dismissed if possible.

Strategy:  The first order of business was to get Patty out of custody. Patty's mom flew from California. We conducted a bail hearing where we presented a treatment and monitoring program. The Judge was unconvinced. He ordered that Patty stay in custody until the matter was completed. The Crown approached me about a guilty plea, but Patty preferred a trial. She wouldn't knuckle under without a fight. What followed from there was a flurry of discussions and meetings involving the Crown, Patty's mom, the police, Immigration officials, and mental health providers. My goal was to convince everyone that the best outcome was for all charges to be withdrawn with Patty immediately returning to California for treatment.

Results:  Five days after we lost the bail hearing, I met outside the mental health Court with the Crown, the arresting police officer, and Immigration officials. The Crown had spoken to her team leader and got approval on my proposal. We agreed that all charges would be stayed (essentially, a freeze of the proceedings). Immigration would then transport Patty to the border where her mom would greet her. Having hammered out the logistics, we attended Court. All charges were stayed. Patty was in California the next day. Patty received no criminal record in Canada and was never charged in the U.S. It took me 15 days to achieve this result.

READ THE COURT TRANSCRIPT
READ PATTY'S TESTIMONIAL