In contemporary criminal law practice, there is murder and there is everything else. Murder carries a mandatory sentence of imprisonment for life – whether a convicted murderer ever walks the streets again is thereafter the discretionary determination of the National Parole Board. Murder charges are by default tried before a jury, except with the consent of the Crown, which consent is not always forthcoming. In order to fight a homicide charge, you need counsel who can grapple with an expansive police investigation, using it against the Crown. You need counsel who can go the distance. Our approach emphasizes advance preparation, defence in depth, and energetic advocacy. We refuse to be overwhelmed by the resources of the state.
Crimes alleging sexual misconduct bear incredible stigma. As the sexual mores of our society have loosened in most respects, there has never been a greater social taboo associated with violations of another`s sexual integrity. The scarlet letter has been replaced with the sex offender registry. The nature of sexual allegations is that they are frequently alleged to have occurred in private, where corroborating evidence will not be expected owing to its lack of availability. Unlike other offences, alleged incidents years or even decades old are routinely brought before the courts. In order to meet a sex crime charge, you need counsel who will do more than simply call the complainant a liar, or the Crown`s investigation incomplete. You need counsel who will drag the facts into court, and who will establish a foundation in evidence that this particular allegation is false.
The criminal law treats crimes of violence with great seriousness. If a police complaint is made about an altercation, the police and the Crown counsel are not going to say “boys-will-be-boys”. If you have been charged, we will bring our full suite of skills to bear to have the charges withdrawn, your matter dealt with by an alternative resolution, or, if need be, your charge defended at trial. Do not let a misunderstanding result in your bearing a criminal record for decades to come. Please call us and we will let you know how we can help.
It is illegal to deal drugs in Canada, and it is illegal for a reason. The Court takes allegations of drug dealing very seriously. There is no such thing as a sweet deal on a cocaine charge. Drug cases involve difficult issues of search and seizure law, civil liberties, criminal procedure, cutting edge communications technology, and even accounting. We have the legal and tactical savvy to defend drug charges. Let us tell you how we can help.
A dangerous offender proceeding is a special process under the Criminal Code whereby a convicted offender can be sentenced to an indeterminate period of imprisonment as a result of a history of criminal behaviour, rather than merely one offence. For practical purposes, this is a life sentence. We take a special interest and have extensive experience in these proceedings. If your loved one is facing such a proceeding, please give us a call. We know there is another side to the government’s story.
Many smart people are used to thinking of numbers as constituting facts, rather than mere argument. At Funt & Company, we have seen enough RCMP and CRA fraud investigations to know better. We are fully equipped to parry opponents who use numbers as their weapons. We have studied the inner workings of these investigations, and are adept at marshalling defences on the merits as well as identifying violations of an accused person`s rights. Please contact us and we will explain how we can help.
In Canada, there is a presumptive right to reasonable bail. Bail proceedings remain delicate and fact intensive matters. Recent Supreme Court of Canada jurisprudence has made it easier for the Crown to deny bail.
If you or a loved-one is charged, and the Crown is not consenting to release, you need diligent and thorough advocacy in order to obtain release. If you or a loved one requires assistance, please contact us at your earliest opportunity.
Appellate advocacy is very different from work in the trenches of provincial courts. Appeals are not simply another chance to bring the same arguments used at trial. Appeals courts have limited powers and are scrupulous about staying within those powers. The proceedings are sombre, intellectual, and precise.
We have recent experience in over a dozen appeals before provincial courts of appeal. We have obtained orders for new hearings in a number of cases, including cases involving serious violence, homicide, and indeterminate incarceration. We have also defeated appeals brought by the government.
Funt & Company has extensive experience assisting other law firms with unusual matters. We frequently act on matters of first impression, and are accustomed to the special demands placed upon counsel in such circumstances.
As well, we may be able to assist you with matters where proficiency in Hindi (and therefore, Punjabi and Urdu) or Hungarian would add value.
Suing the government is hard, and it ought to be. After all, when the government is sued, it is ultimately the taxpayer who pays. In these cases, the courts must be concerned not just with the particular case, but with the implications of the reasoning in the case for society at large. Therefore, counsel on these files must pay special attention to framing the case so that the client’s interest is in harmony with the public interest.
At Funt & Company, we have in-the-trenches experience with those extraordinary occasions where the government and its agents may be held liable. If your rights have been violated, if you have been charged without cause or adequate investigation, we may be able to help.
If the government is attempting to seize your assets as supposed proceeds of unlawful activity, we may be able to help. Provincial civil forfeiture officials may talk tough, but they must administer complex statutory regimes with many safeguards and limits. Many of these have not yet been litigated. With a skillful, black letter law approach, it may be possible to resist some or all of the government’s demands.
We practice in a variety of tax disputes areas, with a particular emphasis on personal taxation disputes as well as disputes involving the information gathering powers of the government. Whether you are facing an audit, or have been reassessed with a large tax bill, we will work with you to keep what is yours.
Appellate advocacy is very different from work in the trenches of provincial courts. Appeals are not simply another chance to bring the same arguments used at trial. Appeals courts have limited powers and are scrupulous about staying within those powers. The proceedings are sombre, intellectual, and precise.
We have recent experience in over a dozen appeals before provincial courts of appeal. We have obtained orders for new hearings in a number of cases, including cases involving serious violence, homicide, and indeterminate incarceration. We have also defeated appeals brought by the government.
