BSB Logo

R. v. Williams, 2024 ONCA 69

Home » Little Legal » R. v. Williams, 2024 ONCA 69

In July 2020, Mr. Williams was arrested for an alleged domestic assault against his domestic partner. He was released on an Undertaking which included a no-contact condition. Mr. Williams was not to communicate with the complainant unless (1) she provided written, revocable consent, or (2) the communication was for a listed purpose. The complainant provided her written revocable consent as contemplated by the Undertaking – the Toronto Police record system was updated to reflect the same but CPIC was not.

In August 2020, Mr. Williams and the complainant were together in a parking lot. A Cannabis Control Act plainclothes operation was underway in that same parking lot. Ultimately, an officer identified Mr. Williams and the complainant, and learned of his outstanding Undertaking including the no-contact offence. The officer did not check the record management system to determine whether the complainant had provided consent or not. Mr. Williams was then arrested for breaching his Undertaking. A search of his vehicle revealed a firearm which led to a number of firearm charges.

The Court of Appeal concluded that the police violated Mr. Williams’ s. 9 Charter rights when they arrested him for violating his Undertaking without checking whether written, revocable consent had been provided as contemplated by the Undertaking.

Read the full case here.

Table of Contents

Don’t delay – contact an experienced criminal defence lawyer with decades of experience to have the best chance of winning your case.

call us 24/7

What news do we have today?

Latest New & Blog

Are you looking for help from a lawyer?

Don't Let A Criminal Charge Destroy Your Life

Our service area

Get 1 Hour Consultation!

Register with us to schedule a free consultation