Recent Cases

An unusual case as our client had been charged with 2 instances of impaired operation on the same day. Mr. C was observed drinking in his boat with friends and driving it in an aggressive fashion. The concerned citizens contacted police who subsequently attended and located our client pulling his boat out of the water with his truck. A roadside breath test ensued which our client failed. He was subsequently charged with operating the boat while impaired as well as operating the vehicle. A somewhat novel case, it was fraught with problems for the Crown. After setting the matter down for trial a resolution was reached whereby the client pled guilty to the bylaw offence of consuming alcohol on a vessel pursuant to the Gaming and Liquor Act. The fine was nominal and the client avoided a criminal record.

The client, a successful business owner, was charged with domestic violence offences that had purportedly taken place at his home in Airdrie. The matter was set down for trial as the client asserted that it was in fact the complainant who had been the instigator in the altercation. At trial, the truth came to light and the charges were ultimately withdrawn by Crown Counsel.

Mr. K. was a Calgary businessman who was charged with the offence of disseminating intimate images. This is a relatively new criminal code offence which makes it illegal to send or publish a partner’s sexual images. Following a night of drinking, our client sent a common friend a sexual video of his ex-girlfriend. The friend forwarded it to his ex which resulted in the charges. The case law suggests that jail should be imposed even if the accused has no criminal record. That said, Mr. Wyman was able to broker a resolution whereby the client received a conditional discharge. This result allowed Mr. K. to navigate this incident without a criminal record.

Ms. N. was in Banff at her husband’s firm Christmas party. The pair over indulged and left the party following an argument. Once back at their hotel room the dispute intensified and patrons from another room contacted the authorities. When the local RCMP arrived, her husband indicated to the officers that he had been struck during the incident. An assault charge and no contact order ensued. As is the case in most domestic matters, the implementation of a no contact order is problematic as the parties are not permitted to see one another which makes living accommodations problematic. That said, Mr. Wyman was able to meet with the Crown early on and have the charges withdrawn at the first appearance.

This client came as a referral from a Provincial Court Judge. The Judge’s nephew had been stopped for speeding by the Airdrie RCMP. During the stop, the client admitted to consuming 5 beers prior to driving. A roadside breath sample was requested and an E31 message obtained, this error indicates that a sample is over range. The officer elected to arrest the client and later obtained breath samples at the detachment more than double the legal limit. In reliance upon the FST Operating manual, Mr. Wyman was able to argue that the officer should not have relied upon the error reading and ought to have conducted a re-test to allow for the dissipation of mouth alcohol. The argument was a convincing one and the charges were dismissed.

Our client was an 18-year-old charged with impaired operation of a motor vehicle. A fantastic student and devoted cadet leader, a conviction for this offence would be devastating to say the least. At trial, Mr. Wyman filed a charter notice alleging a violation of the client’s section 10(b) right to counsel. Prior to the commencement of the trial, Crown Counsel agreed with Mr. Wyman’s arguments and consequently withdrew the criminal charges against his client. S.M. was thus free to continue on the career path she had worked so hard to pursue.

Mr. R. retained our office to represent him with respect to impaired driving charges out of Airdrie. The client was on his way home from a summer BBQ when he was pulled over by the RCMP for speeding. When he spoke with the officer he admitted to drinking at the event and the officer had him perform a roadside breath test. After failing the test, he was arrested and brought to the RCMP detachment where he provided 2 samples, both of which were over the legal limit. As a professional, avoiding a criminal conviction was imperative. In reviewing the disclosure material, Mr. Wyman identified numerous Charter issues and filed written argument seeking exclusion of the breath samples. Prior to trial, Crown counsel contacted our office with good news for the client. All charges were withdrawn by the prosecution.

Another repeat client, Mr. Y was a high-level oil executive. Our client had attended his office on the weekend where he came across a high-end bottle of scotch while combing through some banker boxes. He had a few glasses while he worked and then made his way to a construction store. A significant collision ensued while en route. When police officers arrived on scene they observed considerable indicia of impairment and placed our client under arrest. At the station, Mr. Y. provided breath samples more than double the legal limit. Given the level of impairment there was very little that could be argued at trial. Instead, Mr. Wyman coordinated a treatment program for Mr. Y. Following his completion of the program Mr. Wyman was able to convince the presiding judge to impose a curative discharge. Such a sentence resulted in the client not receiving a criminal record following his completion of a probationary period.

Our client was charged with impaired operation of a motor vehicle following a collision he was in on 12th avenue. Following the collision, officers were called and noted indicia of impairment when they arrived. When questioned by the officers, B. indicated that he had drank 5 beers and consumed a marijuana edible. This resulted in his arrest. Upon searching his person and the vehicle, officers located additional alcohol. After being taken back to the police detachment, Mr. H provided breath samples more than twice the legal limit. While it seemed like a difficult case to succeed upon, Mr. Wyman set the matter down for trial on account of constitutional arguments that flowed from the manner in which the officers conducted themselves. Because of these decisions, Mr. H. was able to put the incident behind him and avoid a criminal record.

Our office had successfully represented Mr. T’s son with respect to a sexual assault allegation. Mr. T sought our assistance as he now had been charged with fraud over $5000. Mr. T. was a mortgage broker by trade who also worked in the capacity of a financial advisor. It was alleged that Mr. T. provided financial advice to the complainant and ultimately defrauded him of over $92,000. Mr. T agreed that he had received the funds from the complainant but asserted that they constituted a loan which he could now not pay back. To complicate matters for the Crown, the complainant was now deceased and could not comment on the nature of the transactions. After speaking with Crown Counsel at a preliminary hearing the deficiencies in the prosecution’s case were made apparent. As these were deficiencies which could not be salvageable, the case was dropped.

Mr. Wyman represented Mr. C. in his matter for over 8 years. As a younger man, Mr. C. was convicted of impaired operation of a motor vehicle causing death. At the sentencing hearing in 1992 Mr. C. received a penitentiary sentence and a lifetime driving prohibition. After serving more than 10 years of the driving prohibition a client can apply to the Parole Board of Canada to have their driving prohibition cancelled. To satisfy this application it must be established that undue hardship exists and that the public would not be placed in harm’s way through the cancelation of the prohibition. Mr. C. had previously submitted such and application without representation and once through another lawyer. Both applications were unsuccessful. Once retained Mr. Wyman procured assessments from well recognized forensic Psychologists that deemed the client to be low risk to reoffend. Notwithstanding this our application was denied. That said, an oral appeal was granted whereby Mr. Wyman appeared in front of the Parole Board and provided submissions. At this level of proceedings, we were successful. After 25 years without a license our client could get back on the road.

Our client was charged with sexual assault with a weapon following an incident at a Calgary park. It was alleged that our client threatened a woman with a knife and forced her to the ground while touching her in a sexual fashion. The client had no criminal record and was facing 4 years in Jail if convicted. Appreciating the jeopardy involved, a Preliminary Inquiry was scheduled where Mr. Wyman was able to reveal many holes in the crown’s case in his cross-examination of the witnesses. Ultimately, the Crown made numerous concessions and the client pled guilty to an amended offence which did not involve jail time.