Ms. Shamess successfully challenged the facial validity of a search warrant on a residence, and the police’s failure to comply with their obligations after they seize property. Trial judge agreed that the police breached the client’s Charter rights to be secure against unreasonable search or seizure, and ruled that the evidence from the search of the residence and of the client’s vehicle should be excluded from trial. – CASE DROPPED
Drug Charges
At Stern Shapray, we provide legal representation across a wide range of criminal and quasi-criminal matters, from serious charges to regulatory and provincial offences.
R. v. C.
R. v. T.A.
Mr. Shapray and Ms. Shamess were successful in challenging a search on a rural property in Chilliwack that contained a number of outbuildings. The facial challenge to the search warrant resulted in a finding by the trial judge that the search of the mobile home on the property was not properly authorized. Charter breach found and evidence excluded.
R. v. C.S.
Molly Shamess was lead counsel on a complex drug case (PPT) in Prince George. Ms. Shamess ultimately brought a delay application (Jordan Application) due to Crown and systematic delay seeking a remedy of a Judicial Stay of Proceedings. The application was successful which resulted in the case against the accused being discontinued.