Yukon Supreme Court - The plaintiffs sought an ordered declaring my client to be an overholding tenant, along with eviction of my clients on November 1, 2019. The Court refused to grant the declaration, and allowed my client to remain in the premises until February 1, 2020.
Supreme Court of Canada - Intervention on behalf of the Commission Nationale des Parents Francophones on a landmark Language Rights case.
Supreme Court of Yukon - Declaration that the Whitehorse Correctional Center does not have the authority to create and segregate inmates in the “Secure Living Unit”.
Supreme Court of Canada - Intervention on behalf of Yukon Legal Aid. The case concerned the power to arrest defendants to peace bond hearings.
Yukon Court of Appeal - Successful appeal upholding an order for an inquest to be held into whether there exists systemic discrimination in the provision of health care services in Carmacks.
Supreme Court of Canada - Intervention on the constitutionality of the amendments to the dangerous offender regime in the Criminal Code.
Yukon Court of Appeal - Successful appeal from conviction. Crown stayed proceedings on retrial.
Yukon Court of Appeal - Successful appeal upholding acquittal for charges of cocaine trafficking.
Selected cases
Yukon Supreme Court - class action against client dismissed following settlement
Yukon Supreme Court - application to strike against client dismissed
Yukon Court of Appeal - Successful appeal from conviction for sexual assault
Yukon Territorial Court - successful application alleging breach of Charter rights, evidence of drugs and guns excluded
Yukon Supreme Court - dismissal of long-term offender designation application
Yukon Supreme Court - Public interest standing in Charter litigation
Yukon Supreme Court - Successful application to be added as party
Yukon Territorial Court - Acquittal in impaired driving charge
Yukon Court of Appeal - Successful appeal from conviction for sexual assault.
Yukon Court of Appeal - Successful appealing quashing a dangerous offender designation, with a finding that MR. Smarch is not a dangerous offender.
Yukon Court of Appeal - Successful appeal upholding sentence imposed for aggravated assault.
Yukon Territorial Court - In this ground-breaking judgment, the Court held that some of the new rape-shield laws are unconstitutional. This is one of the first decisions on the issue in Canada.
Yukon Supreme Court - The plaintiffs sought an ordered declaring my client to be an overholding tenant, along with eviction of my clients on November 1, 2019. The Court refused to grant the declaration, and allowed my client to remain in the premises until February 1, 2020.
Supreme Court of Yukon - Successful appeal quashing a peace bond.
Court of Appeal - Successful appeal refusing Crown’s application for an extension of time to appeal trial judge’s decision not to assess for a dangerous offender designation.
Court of Appeal - Successful motion to dismiss Crown appeal for want of jurisdiction
Supreme Court of Canada - Intervention on behalf of the Commission Nationale des Parents Francophones on a landmark Language Rights case.
Supreme Court of Yukon - Declaration that the Whitehorse Correctional Center does not have the authority to create and segregate inmates in the “Secure Living Unit”.
Supreme Court of Canada - Intervention on behalf of Yukon Legal Aid. The case concerned the power to arrest defendants to peace bond hearings.
Supreme Court of Canada - Appeal as of right on the admissibility of hearsay and Mr. Big statements in a 1st degree murder trial. Court split 2-3 in favour of admission.
Yukon Court of Appeal - Offender was designated as dangerous offender in 2014 and did not appeal designation. Application for an extension of time to appeal was granted in 2019.
Yukon Court of Appeal - Successful appeal quashing a dangerous offender designation and indeterminate sentence.
Yukon Court of Appeal - Successful appeal on charges of dangerous driving and leaving the scene of an accident.
Supreme Court of Canada - Intervention on the issue of mandatory victim fine surcharges.