Amendments to the Criminal Code, following a number of high-profile sexual assault cases in Canada, have made defending sexual offence cases more complicated. An allegation of any type of sexual offence must be handled by experienced and skilled counsel. The lawyers at Bakers & BBLT Association have extensive experience, are up to date on the law, and are highly skilled in dealing with all types of sexual allegations.

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Why You Need a Sexual Assault Lawyer

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In any sexual offence case there are significant strategies, decisions, and pre-trial applications that need to be considered from the outset and throughout the life of the case. Steps can and should be taken early to protect your interests. In some cases, it is possible to prevent formal charges from being approved.

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If you are being investigated or have been charged with a sexual offence, it is very important to retain a lawyer with experience in this area. Our team of lawyers at Bakers & BBLT Association has the experience and skills needed to defend and protect you.

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                 Assault Offences

An assault is any non-consensual contact on another person. Assault can range from an argument at home to a fight at the bar to an assault causing death or murder. Even a raised fist or physical gesture can be an assault.

There are different categories of assault depending on the nature of the assault and the injuries, such as assault with a weapon, assault causing bodily harm or aggravated assault.

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What is considered assault?​

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Assault is considered the deliberate application of force onto another person without their consent. This can be direct or indirect. It is only considered assault if the application of force is intentional; accidentally touching someone does not constitute assault. Furthermore, any non-consensual contact must be more than trifling, for example, tapping someone’s shoulder to get their attention is not assault.

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Other offences against a person may not involve direct physical contact, but also constitute criminal conduct. These include threatening, harassment or breach of a peace bond.

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It is an aggravating feature to all charges if they occur in the context of a domestic or family relationship.

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Any assault allegation is serious, and may result in:

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• a criminal record

• imprisonment

• a probation order

• bail conditions

• court fines

• other civil and collateral consequences

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Bakers & BBLT has over 50 years of collective experience and exceptional results with all types and degrees of assault offences. If you are being investigated or have been charged with any type of assault, including aggravated assault in Surrey, Kelowna, or Abbotsford, contact our office for assistance.

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                  Drug and Money Offences

The lawyers at Bakers & BBLT have extensive experience successfully defending all types of drug and money cases. Bakers & BBLT Association brings its impressive resources and team of lawyers to each individual case. If you are being investigated or need a criminal drug lawyer, contact Bakers & BBLT Association for assistance.

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                           Drug Offences

Drug offences can range from simple possession to street trafficking or a dial-a-dope operation to a multi-jurisdictional smuggling business. Any drug offence is serious, but especially if large quantities or more dangerous drugs, such as fentanyl, are involved. It is essential to have experienced, professional counsel assist you.

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Every drug offence begins with an investigation. The police may search a vehicle, a home or a commercial property sometimes with or without a search warrant. The police may also conduct undercover operations and surveillance in certain neighborhood's or at musical festivals and raves.

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Each type of evidence needs to be carefully considered for its admissibility and weight. A successful application to exclude evidence can result in an acquittal. The lawyers at Bakers & BBLT Association have successfully argued for the exclusion of drugs and other evidence, winning in very difficult cases.

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​                                             Civil Forfeiture

Drug related offences also often involve civil forfeiture proceedings. The Director of Civil Forfeiture has broad, sweeping powers to confiscate and forfeit anything that is suspected proceeds of unlawful activity or a suspected instrument of unlawful activity. This often includes money (proceeds of unlawful activity), vehicles that have been used to sell drugs and residences that have been used to store drugs (instruments of unlawful activity). During an investigation, the police may seize these items and forward them to the Director of Civil Forfeiture for permanent forfeiture rather than return them to the owner.

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Civil forfeiture proceedings can be extremely difficult to dispute. Unlike in a criminal proceeding, the Director does not have to prove their case beyond a reasonable doubt, but rather, only on the lower standard of a balance of probabilities. People subject to civil forfeiture proceedings also, unlike in a criminal case, do not have the right to remain silent and may be subject to examination for discovery by the Director’s counsel.

 

Further, the things seized might be presumed to be the proceeds or an instrument of unlawful activity, unless the person proves otherwise.

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If you are the subject of civil forfeiture proceedings, contact our office for assistance.

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                                       Money Offences

The Bakers & BBLT Association  have extensive experience successfully dealing with all types of money offences. Money offences such as theft and fraud can range from a charge of shoplifting to a theft from employer to large scale credit card fraud. A conviction for a money offence can be particularly damaging because they are offences relating to dishonesty.

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                                               Theft & Property Offences

Bakers & BBLT Association has successfully defended hundreds of theft and property offences, including employer theft, mischief, fraud, forgery and shoplifting cases. The lawyers at Bakers & BBLT are well-known for their superior legal skills and abilities and for the exceptional results they achieve.

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                                        Criminal Mischief

Mischief is the deliberate or reckless damage to or interference with the property of another person. The offence encompasses a wide range of conduct:

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• keying a vehicle;

• puncturing tires;

• throwing rocks;

• ripping clothing;

• deleting or altering text messages;

• deleting or altering photographs or videos;

• hitting a phone out of another’s hand;

• pouring a liquid on an electronic device;

• setting off a fire alarm;

• tampering with food;

• carving initials into a tree or wall;

• using marker on a bus or train window;

• breaking a door or window;

• spray painting a building or statue;

• placing stickers or signs on a building or statue;

• interfering with the lawful provision of abortions; and

• interfering with the lawful provision of vaccines.

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Public mischief is a separate type of mischief that does not include property damage. Any person who misleads the police to have them enter an investigation commits public mischief. For example, making a false report to 911 is public mischief.

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                                Theft

Theft is taking the property of another without consent and with an intent to deprive the owner of the value or use of that thing. Theft includes the theft of services, such as internet, phone, gas, electricity, and cable. Some examples include:

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• shoplifting;

• theft from an employer;

• theft of a credit card;

• theft of identity documents;

• theft of a computer password;

• theft of computer data;

• theft from a trust; and

• motor vehicle theft.

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Theft cannot be committed accidentally; it requires an intent to deprive the owner. For example, if Mr. Jones receives an unexpected and mistaken deposit from his bank, then Mr. Jones has not committed theft. If Mr. Jones learns that the money does not belong to him and Mr. Jones decides to keep or spend the money anyway, then Mr. Jones has committed theft.

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                                 Fraud

Fraud is an intentional and false representation of a matter of fact in order to secure a benefit or to materially damage another person. Fraud can affect legal rights and relationships as well as money and property, such as the change of a beneficiary of a will or a trust. There are many varieties of fraud:

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• insurance fraud;

• tax fraud;

• employer fraud;

• real estate fraud;

• identity fraud;

• charity fraud;

• medical fraud;

• bank fraud;

• credit card fraud;

• debit card fraud;

• immigration fraud;

• collection fraud;

• lottery fraud;

• pension fraud;

• auction fraud;

• overpayment fraud;

• cryptocurrency fraud;

• Employment Insurance (EI) fraud;

• Canada Recovery Benefit (CRB) fraud;

• Canada Emergency Response Benefit (CERB) fraud; and

• vaccine fraud.

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Fraud does not need to result in an actual loss to another person; putting the financial interest of another person at risk is sufficient. For example, suppose Mr. Jones lies about his income and assets in order to obtain a loan from a bank. Mr. Jones pays the entire loan back and the bank suffers no loss. Mr. Jones could still be convicted of fraud because his lie put the financial interest of the bank at a greater risk than they would have accepted.

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Break and Enter

Breaking-and-entering is to break and enter into a premise with the intent to commit a further offence. “Breaking” does not require actual breaking. Moving a latch or unlocking a door is breaking. In contrast, entering through an open door or staying in a store after closing is not breaking.

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The most common places for break and enter are commercial properties and private residences. Other places include fenced off areas, trailers and tents. Breaking and entering does not include a motor vehicle unless the accused person intended to steal a firearm.

A person’s intent to commit a further offence is presumed from the fact that the person broke into and entered a place. To rebut this presumption, the accused person must provide some evidence to the contrary, such as a reasonable explanation. The fact that no further offence was committed is not evidence to the contrary.

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Robbery

Robbery is the unlawful taking of another person’s property by force or the threat of force. Robbery is different from theft by virtue of the violence involved. For example, if Mr. Jones takes Mr. Smith’s water bottle intentionally and without Mr. Smith’s consent, then he has committed theft. If Mr. Jones takes Mr. Smith’s water bottle by threatening to hurt Mr. Smith, then Mr. Jones has committed robbery.

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Proceeds of Crime

Proceeds of crime refers to anything of value obtained by an indictable offence in Canada. An “indictable offence” typically means theft, fraud and trafficking controlled substances. Proceeds of crime can include:

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• income;

• goods;

• credit;

• precious metals;

• foreign currency;

• cryptocurrencies, such as bitcoin; and

• non-fungible tokens.

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Further, any item purchased with any of the above becomes proceeds of crime. For example, real estate or luxury vehicles purchased with income obtained from illegal activity are proceeds of crime.

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Civil Forfeiture

Unlike criminal offences, civil forfeiture is a civil and administrative process enacted by the provincial legislature allowing the Minister of Justice to appoint a Director of Civil Forfeiture to confiscate and forfeit anything that is (a) the suspected proceeds of unlawful activity or (b) a suspected instrument of unlawful activity. Civil forfeiture actions proceed in civil court and are based on various forms of unlawful activity:

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• possession of a controlled substance;

• possession for the purpose of trafficking a controlled substance;

• trafficking a controlled substance;

• importing or exporting a controlled substance;

• possession of the proceeds of crime;

• laundering the proceeds of crime;

• unauthorized gaming (e.g., lotteries, casinos, and sports betting);

• failing to declare taxable income; or

• failing to comply with a provincial health order.

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Proceeds of unlawful activity include anything of value, but is often currencies, motor vehicles and real property. Instruments of unlawful activity include anything used as part of an unlawful activity, such as motor vehicles that are used to sell or transport drugs, or real property that is alleged to store or manufacture drugs.

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If you have been charged with public mischief or a property offence

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The lawyers at Bakers & BBLT Association have frequently successfully argued for the exclusion of drugs and other evidence, winning in very difficult cases. The firm brings its impressive resources and employs a variety of strategies to each individual case. If you are being investigated or have been charged with public mischief, fraud, drug, or money offence, contact our office for assistance.​