Recent Cases | Eleanor Funk | Calgary Criminal Lawyer

Recent Cases

Some of Eleanor Funk’s recent successes include:

Drug Cases

– R v BM, 2017 Saskatchewan Provincial Court – wow, what a long trial. BM was charged with a number of offences, including production of GHB and importation of one of the key ingredients to make GHB. If convicted on the charge of producing GHB, BM would have likely faced a 2-3 year jail sentence. After a long trial, fighting every single issue that arose along the way, BM was found guilty of only importing the key ingredient, and 2 offences under the Customs Act. Rather than face a long jail sentence, BM received 6 months of ‘house arrest’, under the terms of a Conditional Sentence Order.

– R v CP, 2017 Alberta Provincial Court – CP was charged with “possession for the purpose of trafficking” after the police conducted a traffic stop for “no mud flaps” near Lake Louise. The so-called traffic stop quickly turned into a questionable drug investigation that very quickly led to the deployment of a police “drug detection” dog, and the ultimate discovery of close to 80 pounds of marihuana from inside CPs vehicle. After a hard-fought trial over a long list of alleged Charter breaches, Ms. Funk was successful in arguing for exclusion of all of the evidence seized as a result of the Charter breaches, most notably, exclusion of all of the drugs. CP was found not guilty.

– R. v. C.P., 2015 Alberta Provincial Court – CP was charged with possession for the purpose of trafficking after the police discovered cocaine, “meth”, and other drugs during a highly questionable traffic stop and search.  If convicted, CP would have received a jail sentence of 2-3 years.   In Ms. Funk’s typical fashion, she dug into every issue, fully prepared for trial and planned to travel to Leduc for the trial.  Days before the trial was scheduled to start, the Crown withdrew all of the charges, resulting in no criminal record for CP.

– R v T.C., 2015 Alberta Provincial Court – T.C. was charged with trafficking in “meth” after allegedly selling a small amount of the substance to an undercover officer.  If convicted, he could have faced a 2-3 year jail sentence.  After careful preparation and patience, the charges were dismissed “on the courthouse steps”.

R. v. J.M., 2015 Alberta Provincial Court – J.M. was charged with possession for the purpose of trafficking in marihuana after the police seized drugs, money, and cell phones from the vehicle JM was driving.  Through Ms. Funk’s thorough and diligent negotiations, the Crown agreed to withdraw the charges after completion of a number of community service hours.

– R. v. H.G., 2015 Alberta Provincial Court – H.G. was charged with possession for the purpose of trafficking of cocaine after the police seized drugs and money from a house.  The Prosecutor agreed to completely withdraw the charges following completion of community service hours.

– R. v. A.L., 2015 Alberta Provincial Court – A.L. pleaded guilty to trafficking in cocaine.  Due to changes in the Criminal Code and Controlled Drugs and Substances Act, A.L. could not receive a conditional sentence order and was facing a minimum 1 year jail sentence.  The Crown sought a 2-year jail sentence.  The judge agreed with Ms. Funk, and sentenced A.L. to the lowest possible sentence allowed by law, 1 year.

– R v GM, 2015 Alberta Provincial Court – the client was found with a marihuana grow operation in his home. The number of plants exceeded 200, which meant under the new drug laws, he could have faced a mandatory minimum jail sentence of one year in relation to the offence of “production” of a controlled substance. In a very careful and technical legal argument over whether the police had properly served GM with necessary documents, the Court found the one year minimum jail sentence did not apply, and instead GM received a “conditional sentence order”, allowing him to serve his sentence at home.

– R v J.A., 2013 Alberta Provincial Court – the client was charged with various drugs and weapons charges after the police seized guns, 10 kilograms of ‘meth’, and other drugs from 2 vehicles. The Crown sought to have JA detained; the Court agreed to release him on bail.

– R v AL, 2013 Alberta Provincial Court – the client was charged with possession of marihuana for the purpose of trafficking after the police conducted an illegal search of the client’s car that resulted in the discovery and seizure of the drugs. Through Ms. Funk’s persistence and diligence, the Crown eventually agreed to completely withdraw the charge, resulting in absolutely no criminal record for the client.

– R v DC, 2013 Alberta Provincial Court – the client was charged with possession of a drug after a questionable traffic stop by the police leading to the discovery of drugs in DC’s vehicle. In her typical relentless manner, Ms. Funk was able to have the charge thrown out on the day of trial.

– R v RM, 2013 Alberta Provincial Court – the client was charged with possession of cocaine for the purpose of trafficking and possession of ‘proceeds of crime’ after the police seized drugs and money from his vehicle. Ms. Funk was able to strike a deal with the Prosecutor that resulted in all of the charges against RM being withdrawn.

– R v BP, 2013 Alberta Provincial Court – BP was charged with drugs and proceeds of crime charges after cocaine, money and cell phones were seized from his vehicle. Through Ms. Funk’s diligence and experience in attacking these charges from all angles, the Prosecutor completely withdrew all of the charges.

– R v RS, 2013 Alberta Provincial Court – RS was charged with possession of cocaine and marihuana after drugs were seized from an apartment in which RS was found during a police search warrant. Through Ms. Funk’s persistence and diligence, all charges were completely withdrawn.

– R v KB, 2013 Alberta Provincial Court – KB was charged with possession of marihuana after drugs were seized from her purse found by the police in a vehicle in which she was an occupant. Through negotiations with the Prosecutors’ office, all charges against KB were withdrawn.

– R v KH, 2012 Alberta Queen’s Bench (summary conviction appeal) – KH was convicted at trial of possessing cocaine; the only issue at trial was a technical, legal issue over the admissibility of the drug certificate. The trial judge admitted the drug certificate and convicted KH. Ms. Funk successfully appealed the trial judge’s decision and the client was acquitted.

– R v SG, 2012 Alberta Provincial Court – SG was charged with drug offences after police seized 160 pounds of alleged ‘magic mushrooms’ from the truck in which SG was a passenger. Ms. Funk challenged every aspect of the police conduct, from the first moments of detention to the destruction of exhibits before trial. The Court found numerous breaches of SG’s rights, excluded the evidence, and dismissed the charges completely.

– R v BB, 2012 Alberta Court of Queen’s Bench – BB was charged with numerous drug offences and possessing ‘proceeds of crime’ after the police seized drugs and money from the apartment in which BB was found during a search. After a technical legal argument over the proper service of drug certificates, the Court completely acquitted BB of all drug and proceeds charges.

– R v PT, 2012 Alberta Provincial Court – PT was charged with respect to a 400+ plant marihuana grow operation; theft of electricity; and proceeds of crime. Through Ms. Funk’s expertise and unwavering diligence, all charges were completely withdrawn.

– R v CD, 2012 Alberta Provincial Court – CD was charged with drug trafficking offences following a traffic stop in which drugs and money was seized from the vehicle. Through a very technical legal argument over the admissibility of the drug certificates, the Crown withdrew all of the charges against CD.

Proceeds of Crime Cases

– R v RP, 2011 Saskatchewan Court of Queen’s Bench – RP was charged with ‘possessing proceeds of crime’ after the police seized over $30,000 from his car and a further $50,000 from his safety deposit box. In a long trial, in which Ms. Funk argued the police breached RP’s Charter rights at every step of their investigation, the Court eventually acquitted RP of all charges and ordered all of the seized funds (over $85,000) be returned to him.

Weapons Cases

– R. v. J.W., 2016 Manitoba Provincial Court – JW was charged with 5 counts of weapons trafficking, each carrying a mandatory minimum 3 year jail sentence if convicted for these offences. Through Ms. Funk’s diligence and hard work, JW was able to plead guilty to one offence of “transferring a firearm contrary to the Firearms Act”, and received only a fine and weapons prohibition.

– R v DM – 2012 Alberta Provincial Court – The client was charged with various firearms offences after police discovered a loaded firearm in DM’s vehicle. Ms. Funk negotiated a resolution that allowed DM to complete a period of probation, completely avoiding any criminal record.

Bail Cases

R. v. A.D., 2016 Alberta Provincial Court – A.D. was charged with manslaughter nearly one year after the death of his common law partner. The Crown sought A.D.’s detention, alleging A.D’s release in the community would jeopardize the community’s regard for the justice system. Citing the legal presumption of innocence and the Constitutional right to bail, Ms. Funk successfully argued for A.D.’s release on bail.

– R. v. H.G., 2015 Alberta Provincial Court – H.G. was charged with uttering threats, mischief to property and intimidating a justice system participant, while on release from other charges. The Crown opposed H.G.’s release on bail. Ms. Funk secured his release on cash bail with conditions.

– R v BG, 2013 Alberta Provincial Court – the client had been convicted at trial of a drug offence and was sentenced to 3 years’ jail. Ms. Funk successfully argued, at the Court of Appeal, for BG’s bail, pending the hearing of his appeal. One week after being released on bail, the police stopped and searched the car BG was driving, finding a small amount of marihuana. The Crown sought to have BF detained in custody on the new marihuana charge and also sought to have his bail pending appeal revoked. In a hard-fought bail hearing, Ms. Funk was successful in having BG re-released on bail.

R v MF, 2013 Alberta Provincial Court – the client was charged with breaching a bail order and threatening a potential Crown witness. Ms. Funk was able to obtain his re-release from custody on bail.

– R v BG, 2013 Alberta Court of Appeal – BG was convicted at trial of possession of cocaine for the purpose of trafficking and was sentenced to 3 years jail; he is appealing that conviction and sentence. Ms. Funk successfully argued for his release on bail pending appeal.

– R v GW, 2011 Alberta Provincial Court – the client faced numerous charges related to an alleged home invasion. GW was on bail at the time for outstanding drug charges. In a hard-fought bail hearing in which the Crown sought to have the client detained on all charges, Ms Funk secured GW’s release on bail.

Assault Cases

– R. v. C.M., 2015 Alberta Provincial Court – C.M. was convicted at trial of “aggravated assault”.  The Crown sought a jail sentence of 12-18 months.  The Court agreed with Ms. Funk’s submissions and sentenced C.M. to 90 days’ jail (served on weekends) and probation.

– R. v. R.J., 2015 Alberta Provincial Court – R.J. was charged with “assault causing bodily hard” following an alleged bar fight.  If convicted, would have faced a likely jail sentence.  On the day of trial, all charges were dismissed.

Driving Offences

R. v. S.J., 2016 Alberta Provincial Court – SJ was charged with impaired driving, “over 80”, and driving with a suspended licence (under the Traffic Safety Act).  Through Ms. Funk’s diligence and hard work, the Crown withdrew both of the criminal charges (impaired driving and “over 80”) days before the trial was scheduled to start, leaving SJ facing only the suspended driving offence under the Traffic Safety Act.

R. v. K.M., 2015 Alberta Provincial Court – KM was charged with impaired driving and “over 80”.  Half-way through the trial, the Crown threw in the towel and withdrew both charges.  KM walked out of the courtroom, driver’s licence back in hand, with absolutely no criminal record.

– R. v. R.B., 2015 Alberta Provincial Court – R.B. was charged with dangerous driving; if convicted of this offence, RB would have received at least a one-year driving prohibition and possible jail.  Ms. Funk negotiated a deal where RB pleaded guilty to “assault with a weapon”, and received a conditional sentence order and probation; completely avoiding jail and a driving prohibition.

– R. v. K.G., 2015 Alberta Provincial Court – K.G. was charged with dangerous driving and flight from police.  Convictions for these offences would certainly involve a driving prohibition and likely jail.  Ms. Funk negotiated a deal where KG pleaded guilty to some Traffic Safety Act offences, and received only fines.

Theft / Fraud / Property Cases

– R v TG, 2017 Alberta Provincial Court – TG had a handful of traffic tickets, including ‘no insurance’ – an offence that on conviction brings a minimum fine of $2875.00, as well as a few theft offences. Through Ms. Funk’s typical diligence, TG received only a $1000 fine for one traffic ticket; all other tickets and criminal charges were withdrawn.

R. v. B.C., 2016 Alberta Court of Queen’s Bench – BC was charged with fraud and fraud-related charges, involving allegations that she defrauded a former employer of over $200,000.  If convicted, BC could have received a jail sentence of 4 years.  Through hard work pouring through thousands of pages of disclosure, Ms. Funk discovered many holes in the Crown’s case.  Days before the trial was scheduled to start, the Crown stayed the proceedings.

– R v DK, 2015 Alberta Provincial Court – DK was charged with fraud and money laundering for his role in an offence that involved fake businesses receiving government grant money. DK was neither the mastermind of the plan, nor was he directly involved in setting up any fake business; he did receive a financial benefit from the grant money. If convicted at trial, DK could have received 1-2 years jail. Through careful negotiations and intricate legal maneuvering, Ms. Funk obtained a result where DK entered a guilty plea only to one count of “money laundering” and received a Conditional Discharge – meaning DK did not receive any type of record for criminal convictions.

R v DR, 2014 Alberta Provincial Court – DR was charged with multiple ‘robbery’ offences and using a mask / disguise to commit the alleged offences. If convicted of these charges, DR could have been sentenced to 2-3 years jail. Through Ms. Funk’s diligence, DR pleaded guilty to only a minor ‘theft’ charge. After one year of probation, DR will have absolutely no criminal record.

– R v AQ, 2013 Alberta Provincial Court – AQ was charged with trafficking in stolen vehicles and possession of stolen vehicles. Through Ms. Funk’s unwavering persistence, the Crown withdrew all of the charges.

R v TM, 2013 Alberta Provincial Court – TM was charged with being unlawfully in a dwelling house; possessing a weapon; and mischief to property. All charges withdrawn.

Civil Forfeiture Cases

Minister of Justive v QL, 2014 Alberta Queen’s Bench – the police seized over $30,000 from the clients during a ‘bawdy house’ investigation. The Provincial Government sought forfeiture of the money as ‘acquired through illegal activity’. Following the Supreme Court of Canada striking down the prostitution laws, and through Ms. Funk’s typical persistence, the Government agreed to discontinue the forfeiture proceedings and return all of the funds to the clients.

– Minister of Justice v DL, 2011 Alberta Court of Queen’s Bench – after the police discovered a marihuana grow operation in a home owned by DL, the Crown sought to have the house (with hundreds of thousands of dollars of equity) forfeited to the Government. Ms. Funk was able to have the Court action completely dismissed.

Other Offences

– R v CA – 2013 Alberta Provincial Court – the client was charged with importing child pornography into Canada and possession of child pornography after images were discovered on his computer as he entered Canada. If convicted of both offences, the client could have faced a jail sentence of at least one year. Through negotiations with the Prosecutor, Ms. Funk was able to strike a deal that resulted in a jail sentence of only 45 days.

– R v AZ – 2013 Alberta Provincial Court – the client was charged with ‘communication for the purpose of prostitution’. At the time of his arrest, the police seized his vehicle. The vehicle could have been impounded until the criminal matters were dealt with in court; if convicted of the offence, the vehicle could have been forfeited to the Government. Through prolonged discussions with the police, Ms. Funk was able to have the vehicle returned to the client within one week of his arrest.