Cases for Firearms & Weapons Offences

Cases in 2023

• R. v. T.B.2023

  The client was charged with two charges for possessing firearms in an unauthorized place, two charges of assault, and one charge of assault causing bodily harm. After reviewing the disclosure and discussing the issues I found within the disclosure with the prosecutor, namely, that there were significant issues with their ability to prove any of the firearms charges against my client because his rights were violated by the police, and if we went to trial, I expected the judge would exclude that evidence. Regarding the assault charges, there were issues with the prosecutor's ability to prove the assault causing bodily harm, and one of the counts of assault. In the end, the client gave me instructions to enter a guilty plea to the one count of simple assault (domestic) for a conditional discharge. This will leave my client without a conviction and without a criminal record when originally, he would have faced jail time.

  Weapons

• R. v. J.Z.2023

  The client was charged with assault with a weapon, possession of weapon for dangerous purpose and cause a disturbance. After reviewing disclosure and discussing the issues I found within the disclosure with the prosecutor, I was able to convince the prosecutor of accepting a guilty plea on the assault with a weapon charge. The client plead guilty to the one count and was sentenced to a 9-month conditional discharge with the other two counts being withdrawn. This sentence will leave the client without a criminal conviction.

  Assaults Weapons

• R. v. K.M.2023

  The client was charged with possession of a firearm at an unauthorized place. I reviewed the disclosure in detail, and was able to prepare arguments as to why the prosecutor should agree to resolve the matter so the client would not have a criminal record. I met with the prosecutor and presented my arguments. The prosecutor agreed and the charge was dropped, leaving the client without a criminal record and without a conviction.

  Weapons

• R. v. J.M.2023

  The client was charged with assault with a weapon. The complainant did not provide a written statement to police. The complainant did allege that the client assaulted him, however. Later, the complainant spoke to police again and confirmed that the original allegation was not accurate and that the client did not assault him. I used that information to approach the prosecutor to say that with that new information they did not have a case against my client. The prosecutor agreed, and the charge was dropped (withdrawn), leaving the client with no criminal record and no conviction.

  Assaults Weapons

Cases in 2022

• R. v. K.M.2022

  The client was charged with careless use of firearm and pointing a firearm contrary to the Criminal Code of Canada, as well as a Traffic Safety Act offence for failing to stop at a stop sign at an intersection. This was a serious allegation and the client could have faced jail time if convicted. I worked closely with the client to have them enroll in courses and complete tasks that helped me to negotiate with the prosecutor. I was able to convince the prosecutor to agree to have the client enroll into the Alternative Measures Program. The client completed the requirements of the program and all charges were dropped. This left my client without a criminal record and without a conviction.

  Weapons

• R. v. J.H.2022

  The client was charged with unlawfully discharging a firearm with intent to wound, maim or disfigure, possession of a prohibited firearm, and failure to comply with a recognizance order. These are very serious charges, especially unlawfully discharging a firearm with intent, which, at the time of the alleged offence, carried a mandatory minimum sentence of five years of imprisonment when a restricted firearm is used. After a preliminary inquiry, the client instructed me to see what kind of deal I could get from the prosecutor. An offence like this would have meant a jail sentence of over five years. However, I was able to persuade the crown prosecutor to agree to a sentence of three years jail. The other charges were dropped.

  Weapons

• R. v. T.G.2022

  The client was charged with possession of a firearm, pointing a firearm and assault with a weapon. There were many negotiations that went back and forth with the crown. Initially the crown sought a significant jail sentence, however, I was able to negotiate for a conditional sentence order for the client. That meant no jail for very serious charges.

  Weapons

Cases in 2020

• R. v. J.G.2020

  The client was charged with unauthorized possession of a firearm, carrying a concealed weapon, and two counts of careless use of a firearm. The client attended counseling and also met with a psychologist to discuss the events that led to the charges. After lengthy discussions with the crown, after everything the client had done to address his issues, she was willing to withdraw the charges on the condition that a five year Order for Prohibition pursuant to s.111 (weapons prohibition) be entered. The client avoided any criminal conviction being entered on his record, which was important given his dual citizenship with the United States.

  Weapons

• R. v. A.A.2020

  The client was charged with a series of very serious offences stemming from the police stopping the vehicle the client was in, and finding a loaded firearm. The allegation was serious enough that the client was facing a penitentiary term of imprisonment. After receiving disclosure and completing a comprehensive assessment, I approached the prosecutor. After the prosecutor reviewed the file, they agreed that the charges against the client should be dropped entirely. The client walked away with out a conviction. The issues on the file were that the crown would not have been able to establish that the client possessed the firearm.

  Weapons

• R. v. J.G.2020

  The client was charged with unauthorized possession of a firearm, carrying a concealed weapon, and two counts of careless use of a firearm. The client attended counselling and also met with a psychologist to discuss the events that led to the charges. After lengthy discussions with the crown, after everything the client had done to address his issues, she was willing to withdraw the charges on the condition that a five year Order for Prohibition pursuant to s.111 (weapons prohibition) be entered. The client avoided any criminal conviction being entered on his record, which was important given his dual citizenship with the United States.

  Weapons

• R. v. A.A.2020

  The client was charged with a series of very serious offences stemming from the police stopping the vehicle the client was in, and finding a loaded firearm. The allegation was serious enough that the client was facing a penitentiary term of imprisonment. After receiving disclosure and completing a comprehensive assessment, I approached the prosecutor. After the prosecutor reviewed the file, they agreed that the charges against the client should be dropped entirely. The client walked away with out a conviction. The issues on the file were that the crown would not have been able to establish that the client possessed the firearm.

  Weapons

Cases in 2019

• R. v. T.S.2019

  The client was charged with two counts of careless storage of a firearm. This was a serious allegation and a serious breach of my client's rights by police. After reviewing the disclosure, it was clear that the police had no authority to enter my client's home, and no authority to subsequently search his home. I reviewed the file in detail and researched the law. I then met with the crown and they agreed to drop the charge as there was no reasonable likelihood of conviction. My client was left without a criminal record and without a conviction.

  Weapons

Cases in 2018

• R. v. J.K.2018

  The client was charged with criminal negligence causing bodily harm and careless use of a firearm. The allegation was that there was an unlawful discharge of a firearm which caused injuries to the complainant. After lengthy negotiations with the crown, the client entered a plea of guilty to a lesser included offence of careless storage of a firearm. The crown sought a conditional discharge. I asked that the sentencing judge consider an absolute discharge. The court agreed with my arguments for an absolute discharge for the carless storage of a firearm, and the client was thus left without a conviction and without a criminal record. The remaining charges were dropped.

  Assaults Weapons

• R. v. M.H.2018

  The client was charged with possessing a restricted weapon, careless use of a firearm, two counts of improper storage of a firearm and assaulting a peace officer. The client plead guilty to careless use of a firearm, improper storage of a firearm and possessing a restricted weapon. The remaining improper storage charge and the assault charge were withdrawn. The client received a suspended sentence plus probation for 18 months. A weapons prohibition clause was implemented. The client was also required to complete community services hours and pay a victim fine surcharge. This is a matter where the crown sought a term of incarceration to be served within the community. I managed to convince the judge that a suspended sentence and probation would adequately address the purpose and principles of sentencing and a term of incarceration within the community was thus avoided.

  Assaults Weapons Probation

• R. v. C.W.2018

  The client was initially charged with the careless use of a firearm. Upon discussing the matter with the crown, they agreed that the wrong charge had been laid. The crown agreed to amend the charge to the lesser and included offence of the unsafe storage of a firearm. I then asked the crown to consider referring the matter to the alternative measures program after providing them with materials in support of the proposition. The crown agreed, and upon my client's completion of the requirements of the program, the charge was withdrawn/dropped.

  Weapons

• R. v. T.B.2018

  The client was charged with possessing a weapon for a dangerous purpose and unauthorized possession of a weapon. After meeting with the prosecutor to negotiate the withdrawal of the charges, the crown agreed to do so, and all matters were dropped.

  Weapons

• R. v. M.H.2018

  The client was charged with failing to comply with release conditions after consuming alcohol in contravention of the order. The order as originally in place relating to firearms offences. Initially the crown was not agreeable to referring the matter to a diversion program. However, with persuasion, I was able to have the matter referred, and upon completion, the charge was dropped, and the matter concluded without my client receiving a criminal record.

  Weapons

Cases in 2017

• R. v. N.E.2017

  The client was charged with two counts of failing to comply and one of carrying a concealed weapon. The matter was set for trial. On the day of trial, he plead guilty to carrying a concealed weapon and one of the failure to comply charges. The remaining failure to comply was withdrawn. He received a conditional discharge and 20 hours of community service for a matter where the prospect of a conviction was great.

  Weapons Administrative Offences

• R. v. J.M.2017

  The client was charged with possessing a firearm contrary to a prohibition order and the careless use/storage of a firearm. The crown initially sought a significant jail sentence because the client had been bound by a prohibition order relating to firearms, and this was a matter where the firearm was discharged. Ms. Karpa convinced the crown to agree to refer the client to the mental health diversion program, and upon successful completion of the program, the charges against him were withdrawn.

  Weapons

• R. v. M.L.2017

  The client was charged with mischief and possessing a weapon. Initially the crown declined to refer the matter to the Alternative Measures program. Ms. Karpa had the client complete some tasks and presented the crown with the information. On the basis of that, the crown agreed to refer the matter to Alternative Measures and the crown withdrew the charges upon successful completion of the program.

  Weapons Mischief

• R. v. S.N.2017

  The client was served with notice of a prohibition and forfeiture of firearms hearing. Ms. Karpa was able to have the matter withdrawn and the firearms returned to the client.

  Weapons

Cases in 2016

• R. v. K.D.2016

  The client was charged with serious firearms related offences for possessing a restricted, loaded firearm. The crown agreed to a community based disposition on the basis of a plea to the lesser included offence of possession of a firearm without a license.

  Weapons

• R. v. D.T.2016

  The client was charged with numerous firearms related offences. The circumstances were that the client was stopped by police while driving, and police located several firearms and ammunition in the vehicle. The firearms were not secure. Ms. Karpa reviewed the file in depth, and determined that there were several breaches of the client's right to be free from and unlawful search and seizure. Based upon her review of the case law, and her extensive work on the file, Ms. Karpa successfully argued that the charges should be withdrawn. The crown agreed to withdraw the charges. No conviction was entered. No criminal record.

  Weapons

• R. v. D.W.2016

  The client was charged with firearms offences. The circumstances were that the client was pulled over by the police for a traffic stop and they police found a loaded restricted handgun in the client's vehicle. Despite the seriousness of the allegation, Ms. Karpa was able to secure a conditional discharge for the client. No conviction entered.

  Weapons Conditional Discharge

Cases in 2015

• R. v. J.D.2015

  The client was charged with multiple counts of firearms offences, drug offences and robbery. The Crown was seeking 8 years in custody for these serious matters. Despite that, Ms. Karpa secured a sentence of 5 years in custody.

  Drugs Weapons Robbery

• R. v. I.T.2015

  The client was charged with possession of an imitation firearm (pellet gun) and possession of a stolen vehicle. After reviewing the file, and realizing that the Crown did not have a reasonable likelihood of conviction, Ms. Karpa had the charges against her client withdrawn outright. No conviction/no criminal record.

  Weapons Theft

• R. v. M.C.2015

  The client was charged with weapons offences relating to a traffic stop. Ms. Karpa had the charge reduced to a traffic ticket. Criminal code charges were withdrawn. No conviction entered.

  Weapons

• R. v. D.S.2015

  The client faced a firearms hearing allegation where the Crown sought to have the client prohibited from possessing firearms. Criminal lawyer Susan Karpa successfully argued for the return of the client's firearms, and the withdrawal of the matter.

  Weapons

• R. v. B.C.2015

  The client was charged with assault with a weapon, and firearms related offences. Ms. Karpa got the firearm charge withdrawn.

  Weapons

• R. v. W.B.2015

  This was a firearms hearing matter. Calgary criminal defence lawyer Susan Karpa successfully argued for the withdrawal of the matter. Ms. Karpa negotiated with the prosecution to drop the matter on the basis that there was no requirement for a prohibition.

  Weapons

• R. v. L.M.2015

  The client was charged with numerous firearms offences including possession of a restricted or prohibited firearm with readily accessible ammunition (which carries a mandatory minimum 3 year jail sentence where the Crown proceeds by indictment). The matter involved a complex investigation including search warrants and crime scenes analysis. Ms. Karpa reviewed the disclosure (evidence) in depth, and made several comprehensive requests of the Crown'’s office for additional disclosure. In the end, the charges were all stayed against the client. No conviction/no criminal record.

  Weapons

Cases in 2014

• R. v. S.S.2014

  This was a firearms hearing matter. Calgary criminal defence lawyer Susan Karpa successfully argued for the withdrawal of the matter. Ms. Karpa negotiated with the prosecution to drop the matter on the basis that there was no requirement for a prohibition.

  Weapons

• R. v. A.I.2014

  This was a firearms hearing where Ms. Karpa argued for the withdrawal of the application. Ms. Karpa succeeded in her arguments and the matter was dropped and the firearms were returned to client.

  Weapons

• R. v. R.S.2014

  The client was charged with several firearms and assault/threats criminal offences in relation to a serious domestic assault allegation. Ms. Karpa used her experience with firearms related offences and had the Crown agree to withdraw all major firearms related charges and reduced the charge to carless storage and simple assault for probation.

  Assaults Threats Weapons Probation

• R. v. B.B.2014

  The client was charged with multiple allegations of possession of weapons without a license. Calgary criminal lawyer reviewed the file and determined that the police had conducted an illegal search and seizure. Ms. Karpa used her prior experience as a Crown Prosecutor and her extensive background in firearms related offences to convince the Crown to withdraw all of the charges on that basis.

  Weapons

Cases in

• R. v. C.C.

  The client was charged with serious offences involving unsafe storage of firearms,  other firearms offences, fight from police in a motor vehicle, and resisting arrest. The client struggled with a mental health crisis and the outcome were the charges before the court. I worked closely with the client who had taken numerous positive steps to address any concerns the prosecutor might have with public risk. The client plead guilty to two firearms offences and resisting arrest. The prosecutor was looking to have the client have a house arrest jail sentence. I was able to convince the judge to grant the client a conditional discharge. This means that after a period of three years, it will be like the client was not convicted. That is, it will be like he does not have a criminal record. The client was happy with the outcome of the matter.

  Weapons