Calgary Criminal Defence Lawyer Archives

Types of Workplace-Related Criminal Charges

Theft, Fraud, Harassment, or Assault

Calgary employers often refer suspicious incidents to police if they suspect an employee has committed:

Theft – Stealing cash, merchandise, or sensitive documents from the company.
Fraud – Falsifying expense claims, financial records, or misrepresenting sales and client information.
Workplace Harassment – Persistent bullying or sexual harassment can lead to both civil and criminal complaints.
Assault – Any physical altercation or unwanted contact in the workplace may be considered criminal assault under the Criminal Code of Canada.

Computer Misuse and Privacy Violations

In Calgary’s corporate and government sectors, unauthorized access to digital systems can lead to serious criminal charges:

Computer Misuse – Accessing restricted files or systems without permission.
Privacy Breaches – Illegally collecting, sharing, or leaking personal or client information, which may violate both provincial and federal privacy laws.

Breach of Confidentiality

Employees entrusted with confidential business, client, or proprietary information may face charges if they:

Share confidential documents or trade secrets with competitors.
Violate non-disclosure agreements in ways that impact public safety or corporate integrity.
Leak information that could lead to financial harm or reputational damage.

Criminal charges in the workplace don’t just affect your job—they can result in criminal records, fines, and jail time. If you are under investigation or have been charged, seeking legal advice from a Calgary criminal lawyer is critical to protecting your rights and future.

What to Do Immediately

Do Not Make Statements to HR or Police

It’s natural to want to defend yourself right away, but anything you say—whether to your employer, HR, or law enforcement—can be used against you later. Even informal conversations can be documented and brought up during legal proceedings.
Tip: Politely decline to comment until you have spoken to a lawyer. You are not legally required to explain yourself without representation.

Consult a Criminal Lawyer Before Responding

Before answering questions or providing written responses, speak to an experienced Calgary criminal defence lawyer. A lawyer will:

Assess the seriousness of the allegations
Advise you on how to handle internal investigations
Protect you from self-incrimination
Many Calgary lawyers offer urgent consultations to employees facing workplace allegations, so don’t delay seeking legal support.

Document Your Version of Events

Write down everything you remember while the events are fresh in your mind. Include:

Dates, times, and locations
Names of any witnesses
Relevant emails, messages, or documents
This record may be vital to building your defence later, especially if there is no surveillance footage or third-party verification.

Your Rights as a Calgary Employee

Presumption of Innocence

Under Canadian law, you are presumed innocent until proven guilty. Your employer, coworkers, and even law enforcement must treat you as such until there is a legal finding of guilt.

You are not obligated to prove your innocence.
Allegations alone are not grounds for criminal conviction or workplace penalties without due process.

Right to Legal Counsel

If you are being questioned by the police—even informally—you have the right to consult a lawyer without delay. This right is protected under Section 10(b) of the Charter.

You can request a private conversation with a criminal lawyer.
You are entitled to understand the charges against you before responding to police or employer investigations.

Protection from Wrongful Dismissal

In Calgary, employers cannot terminate you without just cause or reasonable notice—especially if no formal charges have been laid or if the allegations are unproven.

If you’re fired based solely on an accusation, you may have grounds for a wrongful dismissal claim.
An employment lawyer can help you challenge unfair termination or negotiate a severance package.

It’s essential to seek both criminal and employment legal advice if you’re facing serious accusations. In the next section, we’ll look at how your job and professional reputation can be impacted—and how to protect them.

Employer and Law Enforcement Involvement

Internal Investigations and Disciplinary Action

Most Calgary employers will conduct an internal investigation before making disciplinary decisions. This process may include:

Interviews with you and other employees
Review of emails, surveillance footage, or digital records
Temporary suspension (with or without pay)

Depending on their findings, you could face a range of outcomes:

A written warning or reprimand
Suspension or demotion
Termination for cause

Important: Even during an internal investigation, you have the right to remain silent and to seek legal advice before responding.

When Charges Escalate to Criminal Court

If your employer believes a criminal offence has occurred—such as theft, assault, or fraud—they may report the matter to the Calgary Police Service. Once law enforcement becomes involved:

You could be interviewed, arrested, or charged
A formal investigation may lead to a court date
The Crown Prosecutor decides whether to proceed with charges based on available evidence

Even if your employer drops internal discipline, the criminal process may still move forward independently.

Role of Employment Law and Union Reps

If you’re part of a unionized workplace, your union representative can:

Assist during disciplinary meetings
Ensure your collective agreement rights are respected
Provide legal support through a grievance process

For non-unionized workers, an employment lawyer in Calgary can help protect your rights, negotiate severance, or initiate a wrongful dismissal claim. Their role is especially important if workplace discipline is based on unproven or disputed allegations.

How Calgary Lawyers Defend You

Negotiating Workplace Resolutions

Many cases involving workplace accusations can be resolved without going to court. Your lawyer may:

Engage directly with your employer to prevent termination or negotiate a favourable exit
Work with HR or internal investigators to clarify misunderstandings
Help you access your employment file and review evidence being used against you
If disciplinary action is unjustified or overly harsh, your lawyer can push for alternatives such as a written warning, suspension with pay, or re-assignment rather than dismissal.

Preparing for Criminal Court Proceedings

If you’ve been formally charged, your Calgary lawyer will build a defence tailored to your case. This may include:

Challenging the evidence (e.g., surveillance, emails, witness statements)
Ensuring police followed proper search and seizure protocols
Filing motions to exclude unlawfully obtained evidence
Negotiating with the Crown Prosecutor for reduced charges or alternative measures like diversion programs

Your lawyer will also represent you in court, helping to minimize penalties or, where possible, achieve a complete acquittal.

Managing Damage to Your Career

Even without a conviction, workplace allegations can tarnish your professional reputation. A Calgary defence lawyer can:

Advise on reputation management and what you should or shouldn’t say publicly
Help you clear your name through legal letters or civil actions if you’ve been falsely accused
Assist with future employment applications by explaining how to disclose past accusations or charges, if required.

When Anonymous Witnesses Are Used

Common Scenarios Where Anonymous Witnesses Are Used

Gang-Related Crimes: Individuals with insider knowledge may come forward anonymously to avoid retaliation.
Drug Trafficking Cases: Informants often fear reprisal from organized networks.
Violent Offences: Victims or bystanders may request protection if their safety could be compromised.

Legal Requirements for Use in Calgary

Judicial Authorization: A judge must approve the request, often through a voir dire (pre-trial hearing).
Balancing Test: The court considers the right to full answer and defence under the Canadian Charter of Rights and Freedoms.
Credibility Review: Judges may assess the credibility of the anonymous witness in private before allowing testimony.

Challenges to Fair Trial Rights

Limited Ability to Cross-Examine

Cross-examination is a cornerstone of a fair trial. When a witness remains anonymous, defence lawyers are restricted in asking key questions about:

The witness’s background or potential biases
Prior relationships with the accused
Motivation to lie or fabricate information

This limitation may prevent the defence from exposing inconsistencies or uncovering ulterior motives.

Reduced Credibility Assessment

Judges and juries must assess the credibility and reliability of every witness. Anonymity makes this more difficult because:

The witness’s demeanour might be hidden (especially when voice and face are distorted)
The defence cannot challenge prior inconsistent statements or criminal history
Important context that affects believability may be missing

This reduced transparency can unfairly tip the scales in favour of the Crown.

Impact on Presumption of Innocence

Anonymous testimony can influence perceptions of guilt. Jurors may assume that if someone needs protection, the accused must be dangerous or involved in serious criminal activity. This undermines the presumption of innocence, which guarantees that every person is innocent until proven guilty beyond a reasonable doubt.

Legal Tools for the Defence

Filing Disclosure Motions

One of the first steps a defence lawyer may take is filing a disclosure motion under the principles established in R. v. Stinchcombe. Even if a witness’s identity remains confidential, the Crown must still disclose:

The content of the witness’s anticipated testimony
Any prior statements or inconsistencies
Relevant information about the witness’s credibility

Defence lawyers can request further disclosure if they believe the Crown is withholding critical information that could aid in cross-examination or trial preparation.

Seeking to Exclude Anonymous Testimony

In some cases, defence counsel may argue that allowing anonymous testimony would result in unfair prejudice or infringe on the right to make full answer and defence. A formal motion can be brought before the trial judge to:

Exclude the testimony entirely if anonymity makes meaningful cross-examination impossible
Restrict the testimony’s use or limit its weight in court
Challenge the necessity of anonymity, particularly if risks to the witness are unsubstantiated or exaggerated

Judges in Calgary must conduct a balancing analysis, considering the necessity of anonymity against the potential unfairness to the accused.

Charter Challenges (Sections 7 and 11)

Defence lawyers often rely on Charter arguments to contest the use of anonymous witnesses:

Section 7 protects the right to life, liberty, and security of the person, which includes the right to a fair trial and full defence.
Section 11(d) guarantees the presumption of innocence and a fair hearing before an impartial tribunal.

If the use of an anonymous witness impairs these rights, defence counsel can seek a Charter remedy, which may include:

Exclusion of the witness’s testimony
A stay of proceedings in extreme cases
Alternative arrangements that allow some limited identity disclosure

These tools ensure that the Crown’s use of anonymous evidence is carefully scrutinized, and the integrity of the trial process in Calgary courts is preserved.

Calgary Court Procedures for These Cases

Special Hearings to Determine Admissibility

Before an anonymous witness is allowed to testify, Calgary courts typically hold a voir dire—a special pre-trial hearing to determine:

Whether anonymity is necessary for the safety or well-being of the witness
If the witness’s evidence is relevant and reliable
Whether allowing anonymity would impair the defence’s ability to challenge the testimony

The judge carefully weighs the need for protection against the fairness of the trial, sometimes allowing limited identity disclosure in closed proceedings with publication bans.

Use of Voice Distortion or Remote Testimony

To preserve anonymity while still permitting the witness to testify:

Voice distortion technology may be used to conceal the witness’s identity during oral testimony
Remote testimony via closed-circuit video or behind screens is common to avoid physical exposure
In extreme cases, testimony may be provided in writing or summarized by police, although this is rare and closely scrutinized

These methods are only permitted when necessary and approved by the judge as part of the trial management process.

Judge’s Instructions to Jury on Anonymity

When a case proceeds with an anonymous witness, the trial judge provides special instructions to the jury, including:

An explanation that the decision to allow anonymity was made for safety reasons, not because the accused is presumed guilty
Guidance on how to assess the evidence without bias
A reminder of the presumption of innocence and the need to evaluate all evidence objectively

These judicial directions are critical in preventing the jury from drawing unfair conclusions based on the witness’s hidden identity.

Defence Strategies in Anonymous Witness Cases

Undermining Reliability

Since identity cannot be revealed, defence lawyers focus on attacking the reliability of the testimony itself. This may include:

Demonstrating that the witness’s account lacks detail or is vague
Pointing out that the witness had limited opportunity to observe the events
Arguing that the witness may be biased, misinformed, or influenced by fear or misinformation

By casting doubt on how the information was obtained or remembered, the defence can weaken the weight of the testimony.

Highlighting Inconsistencies

Anonymous status does not protect a witness from scrutiny of their statements and narrative. Defence counsel will:

Compare prior statements made to police or prosecutors with in-court testimony
Expose contradictions or omissions that suggest fabrication or unreliability
Use documented timelines, surveillance footage, or other witness accounts to challenge the anonymous version of events

Arguing Undue Prejudice

Anonymity can unfairly influence how a jury perceives both the witness and the accused. Defence lawyers may argue that:

The use of screens, voice changers, or secrecy implies that the accused is dangerous
The inability to fully cross-examine the witness prevents a meaningful defence
The cumulative effect of anonymity may violate the presumption of innocence

If the prejudicial impact outweighs the probative value of the testimony, defence counsel can request that the evidence be excluded or its weight significantly reduced.