Me Christina Leclair

Recent successes

• Rehabilitation and Sentencing

  In this case, where the client faced multiple charges, including criminal harassment and harassing communications, the defence convinced the Court that a sentence of eight months’ imprisonment was fair and proportionate, despite the Crown seeking a sentence of two years less a day. By emphasizing principles of rehabilitation and accountability, the defence demonstrated that the proposed sentence adequately met the objectives of sentencing. Given the time already served in pre-trial custody, the client was able to regain his liberty under conditions.

• Assault and Acquittal

  In a case where the client faced a charge of assault against another person, the Court entered an acquittal at the close of the evidence at trial. The cross-examination of the police officer revealed significant flaws in the Crown’s case and raised serious doubt as to the commission of the alleged offence. The impact of this doubt was such that the defence did not even need to present closing submissions to secure an acquittal.

• Application for Firearms Prohibition Order Dismissed

  In this case, where an application for a firearms prohibition order had been brought against the client following a particular situation, the defence demonstrated before the Court that the intervention sought by the Crown was neither necessary nor justified to ensure anyone’s safety. The hearing highlighted the ambiguity of the facts reported by the police officer, as well as the client’s available resources and strong safeguards. Convinced that there was insufficient basis to impose such an order, the Court dismissed the application, allowing the client to recover his firearms and licence.

• Uttering Threats and Conditional Discharge

  In this case, where the client had pleaded guilty to charges of uttering threats, the defence obtained a conditional discharge following a sentencing hearing. This outcome was achieved despite the fact that the client had previously benefited from a discharge, a factor that would normally weigh against granting such a sentence again. The client’s testimony, marked by genuine remorse and shedding light on the particular circumstances of the incident, convinced the Court that a second discharge did not undermine the public interest.

• Release from custody

  In a case where the client was charged with sexual assault, assault, and obtaining sexual services for consideration, release was granted following a one-day hearing. The cross-examination of the investigator raised issues regarding both the evidence and constitutional matters, leading to the client regaining his freedom.

• Impaired driving – charges withdrawn

  In a criminal case where the client was charged with impaired driving, the Crown prosecutor decided to withdraw the charges following the filing of a disclosure motion. Thanks to the arguments advanced by Me Leclair and the demonstrated weaknesses in the evidence, the defence lawyer did not need to argue the motion before a judge, allowing the client to avoid a criminal conviction and license suspension.

• Domestic violence – absolute discharge

  In a case where the client was charged with assault with a weapon in a domestic violence context, a guilty plea was entered for a lesser offence. Following a contested sentencing, an absolute discharge was obtained — a rare outcome in such circumstances. The client thus received the most lenient sentence under the Criminal Code and avoided a criminal record.

• Driving while prohibited – conditional sentence

  In criminal cases where the client was charged with driving a motor vehicle while under a court order prohibition, negotiations led to the client receiving a conditional sentence to be served in the community rather than jail time. Arguments related to the client’s rehabilitation convinced the judge that the proposed sentence was fair and appropriate under the circumstances. The client also avoided receiving a second driving prohibition order.