Calgary Criminal Defence Lawyer

How a Defence Lawyer Builds a Charter Challenge in Calgary

Khalid Akram · November 24, 2025 ·

Understanding Charter Challenges in Calgary’s Criminal Justice System

A Charter breach can dramatically affect how a criminal case unfolds. If the court finds that the police violated the accused’s rights, critical evidence – such as breath samples, statements, or seized items – may be excluded. In some situations, this can result in reduced charges or even a complete dismissal, making Charter challenges a powerful defence tool in Calgary’s justice system.

Key Points Calgary Defence Lawyers Consider

Overview of how Calgary police actions may trigger Charter breaches:

Defence lawyers review CPS actions such as vehicle stops without reasonable grounds, roadside detentions that last too long, warrantless home entries, or searches conducted without proper justification. Any deviation from lawful procedure can open the door to a Charter challenge.

Common Charter sections relevant to Calgary cases (ss. 7, 8, 9, 10(b)):

Section 7: Right to life, liberty, and security of the person
- Section 8: Right to be free from unreasonable search and seizure
- Section 9: Protection against arbitrary detention
- Section 10(b): Right to speak to a lawyer without delay

Importance of documenting interactions with Calgary Police Service (CPS):

Defence lawyers rely on police notes, body-worn camera footage, dash-cam recordings, radio logs, and witness statements. In Calgary, many Charter challenges hinge on whether the CPS officer properly explained rights to counsel or had lawful grounds for a detention or search.

Why Charter rulings can significantly change the outcome of a case:

If the Alberta Court of Justice or the Court of King’s Bench finds that a Charter violation occurred, the judge may exclude essential prosecution evidence under s. 24(2). This can weaken the Crown’s case substantially, especially in DUI, assault, drug, and weapons matters. As a result, a successful Charter challenge can lead to reduced penalties or the charges being withdrawn completely.

Identifying Potential Charter Violations in Calgary Arrests

Reviewing the lawfulness of traffic stops by CPS:
Defence lawyers assess whether CPS had reasonable suspicion or lawful authority to stop the vehicle. Unjustified stops – often seen during large-scale impaired-driving operations in Calgary – can violate fundamental rights and undermine the Crown’s case.
Examining whether detention was arbitrary (s. 9):
Section 9 protects individuals from being detained without lawful justification. In Calgary, issues commonly arise when police prolong roadside detentions, conduct unnecessary questioning, or fail to clearly communicate that the individual is being detained.
Assessing the legality of search and seizure under s. 8:
Calgary police often conduct searches during drug investigations, domestic calls, or after traffic stops. Defence lawyers look closely at whether CPS had a warrant, valid consent, or reasonable grounds. Any evidence obtained through an unlawful search may be excluded.
Evaluating delayed access to counsel under s. 10(b):
Section 10(b) requires police to inform the accused of their right to speak with a lawyer and provide immediate access to counsel. Delays in facilitating a phone call, failing to provide privacy, or offering incomplete information are common grounds for Charter challenges in Calgary.
Identifying Charter issues common in Calgary DUI, assault, and drug cases:
Charter violations frequently occur in impaired-driving stops (breath test delays, unlawful demands), downtown assault arrests (failures to properly inform of rights), and drug cases (unreasonable vehicle searches or warrantless home entries). These Calgary-specific patterns help defence lawyers anticipate where a case may contain constitutional weaknesses.

Gathering Evidence and Building the Factual Record

A defence lawyer cannot succeed in a Charter challenge without a comprehensive and well-documented factual record. The factual record becomes the backbone of the Charter application, allowing the lawyer to show precisely how the Calgary Police Service (CPS) may have breached the accused’s constitutional rights.

Key Steps Defence Lawyers Take to Build the Factual Record

Requesting full disclosure from Calgary Crown Prosecutors:
Defence counsel submits formal requests for complete disclosure, including officer notes, reports, breathalyzer records, investigative materials, and any supplementary documentation held by the Calgary Crown Prosecutors’ Office. In Charter matters, missing disclosure can itself become a rights issue.
Obtaining CPS body-worn camera and In-Car Digital Video (ICDV) footage:
Calgary Police Service officers regularly use body-worn cameras and ICDV units in patrol vehicles. These recordings are often crucial for determining whether officers complied with Charter requirements – especially during roadside stops and arrests in areas like Deerfoot Trail, Downtown Calgary, and the Beltline.
Interviewing witnesses and gathering third-party records:
Defence lawyers speak with bystanders, passengers, neighbours, business owners, and anyone present during the police interaction. They may also request third-party records such as 911 call logs, private CCTV footage, building entry logs, or bar security videos from popular Calgary nightlife districts.
Filing preservation requests for time-sensitive video evidence:
Many surveillance systems automatically overwrite footage within days or weeks. Defence lawyers send preservation letters to businesses, residential buildings, Calgary Transit, and other entities to ensure relevant footage is saved before it is lost.
Analysing police procedure compliance specific to Calgary CPS policies:
CPS has detailed operational policies governing detentions, roadside breath demands, use of force, and search-and-seizure procedures. Defence lawyers compare officer conduct to these internal CPS policies, as inconsistencies can strengthen a Charter argument and reveal breaches of standard protocol.

Legal Research and Developing the Charter Argument

Reviewing Alberta precedents shaping local Charter rulings:
Defence lawyers study decisions from Calgary and Edmonton courts, focusing on how Alberta judges evaluate detention delays, unlawful searches, right-to-counsel issues, and roadside investigative practices. These local precedents help predict how Calgary judges may view similar police conduct.
Applying Supreme Court of Canada principles like R v. Grant:
Grant remains the leading authority on determining whether evidence should be excluded under s. 24(2). Defence lawyers apply the Grant factors – seriousness of the Charter breach, impact on the accused’s rights, and society’s interest in a trial on the merits – to show why exclusion is justified.
Identifying procedural errors by Calgary Police Service:
The lawyer examines gaps between CPS actions and constitutional requirements. Common examples include failures to articulate grounds for detention, delays in providing access to counsel, or searches conducted without proper legal authority. These procedural missteps often form the backbone of a Charter application.
Drafting the constitutional argument based on legal tests:
Using Alberta and national case law, the lawyer drafts a structured argument demonstrating how the police conduct violated constitutional standards. This may involve applying tests for arbitrary detention, reasonable grounds for search, or timeliness of access to counsel.
Considering remedies: exclusion of evidence vs. stay of charges:
The lawyer assesses which remedy best fits the breach.
- Exclusion of evidence (s. 24(2)) is common in Calgary DUI, drug, and search-related cases.
- A stay of proceedings (s. 24(1)) may be sought in more serious or systemic violations where the fairness of the trial is irreparably compromised.

Filing the Charter Application in Calgary Court

Mandatory filing timelines under Alberta criminal procedure:
Alberta law requires Charter applications to be filed well in advance of trial, often weeks or months beforehand depending on the complexity of the case. Missing these deadlines may result in the application being dismissed or adjourned.
Preparing Affidavits outlining facts supporting the Charter breach:
Defence lawyers draft sworn affidavits that detail the accused’s version of events, referencing the evidence gathered from CPS footage, witness statements, and documents. These affidavits provide the factual foundation for the Charter argument.
Serving the Crown Prosecutor with notice of application:
The Crown must be formally served with the Charter Notice and all supporting materials. This ensures Crown Prosecutors in Calgary have enough time to prepare a response and provides transparency prior to the voir dire.
Requesting voir dire (a separate hearing) to determine admissibility:
A voir dire allows the court to hear evidence and arguments related solely to the Charter issue. The judge will decide whether the evidence was obtained constitutionally and whether it should be excluded under s. 24(2).
Coordinating with Calgary court scheduling for Charter hearings:
Defence counsel works with court clerks at the Calgary Courts Centre to secure available dates for the voir dire. Because Calgary’s court system is busy, scheduling can be complex, particularly for multi-day hearings involving multiple witnesses, specialists, or CPS officers.

Presenting the Charter Challenge Before a Calgary Judge

Cross-examining CPS officers on arrest procedures:
Defence counsel questions CPS officers about their grounds for detention, the steps they took during the arrest, their understanding of Charter obligations, and any inconsistencies in their notes or testimony. Even small errors can significantly strengthen the Charter argument.
Using video evidence to prove rights violations:
Calgary’s widespread use of body-worn cameras and In-Car Digital Video (ICDV) systems allows defence lawyers to present real-time visual evidence. Video often reveals tone, timing, officer conduct, and procedural lapses that written notes may omit.
Arguing the impact of the breach on the accused’s liberty and privacy:
Defence lawyers demonstrate how the rights violation affected the accused – whether through an unlawful detention, an intrusive search, delayed access to counsel, or coercive questioning. These impacts are central to the court’s Charter analysis.
Demonstrating the seriousness of police misconduct:
The defence highlights whether CPS officers ignored legal requirements, acted without reasonable grounds, or engaged in conduct that undermines public confidence in the justice system. Serious or deliberate misconduct weighs heavily in favour of excluding evidence.
Applying the R v. Grant factors to Calgary-specific scenarios:
Defence lawyers guide the judge through the Grant test, explaining:
- the seriousness of the Charter breach,
- the impact on the accused’s rights, and
- society’s interest in adjudicating the case on its merits.

How a Successful Charter Challenge Can Impact a Calgary Case

Excluding breathalyzer results in Calgary impaired driving cases:
Many DUI cases hinge on breath test readings. If CPS officers delay access to counsel, improperly administer tests, or unlawfully detain a driver, the breathalyzer results may be excluded – often leading to the charges being dropped.
Suppressing drugs found during unlawful searches:
When CPS conducts a vehicle search, bag search, or home search without proper legal grounds, the defence may argue that the drugs were obtained through a Charter breach. Without the seized substances, the Crown may have no viable case.
Dismissing charges when police violate right-to-counsel rules:
Section 10(b) violations – especially delayed or incomplete access to a lawyer – are frequently litigated in Calgary. If the breach affected the accused’s ability to make informed decisions, the court may exclude evidence or dismiss the case.
Reduced penalties or complete stays of proceedings:
If evidence is compromised, the Crown may offer reduced charges or agree to a lesser sentence. In cases involving serious breaches, the court may stay the proceedings entirely, ending the prosecution.
Why Charter challenges are a cornerstone of criminal defence in Calgary:
Charter litigation ensures accountability within the Calgary Police Service and protects the fairness of the justice system. For defence lawyers, Charter challenges are essential tools for safeguarding individual rights and ensuring that police follow lawful procedures.

How Calgary Criminal Lawyers Challenge Eyewitness Testimony

Khalid Akram · September 2, 2025 ·

Eyewitness Testimony in Calgary Criminal Cases

Eyewitness testimony plays a significant role in many criminal trials across Calgary and the wider province of Alberta. Crown prosecutors often rely on the statements of witnesses to build their case, especially in situations where physical evidence may be limited. The courts view eyewitness accounts as direct, human observations of events, which can be persuasive to a judge or jury when presented with confidence.

In Calgary, eyewitness testimony is commonly used in cases such as assaults, thefts, impaired driving incidents, and fraud-related offences. For example, a bystander who claims to have seen someone commit an assault in downtown Calgary, or a driver who reports observing erratic driving in the Beltline or on Deerfoot Trail, may be called to testify. Similarly, in fraud or white-collar crime cases, employees, customers, or associates may be brought forward as witnesses to support the prosecution’s allegations.

Despite its perceived value, the reliability of eyewitness testimony is often a critical issue in Alberta’s courts. Human memory is not infallible—factors such as stress, poor visibility, intoxication, or even the passage of time can significantly affect accuracy. In fact, Canadian case law has repeatedly shown that eyewitness accounts, while influential, must be carefully scrutinized for consistency and credibility.

Calgary Assault Lawyers Handle Cross-Border Assault Cases

Common Problems with Eyewitness Testimony

Memory Errors and Inconsistencies Over Time

Human memory is not fixed — it can fade, distort, or change as time passes. A witness to an incident in Calgary may initially provide one version of events but later recall details differently during trial. Defence lawyers often point out these inconsistencies to demonstrate that the testimony may not be trustworthy. Even small contradictions, such as the colour of a vehicle or the sequence of events, can weaken the Crown’s case.

The Effect of Stress, Fear, or Intoxication on Memory Recall

Witnesses who observe a crime are often under extreme stress or fear, especially in cases of violent assaults, armed robberies, or late-night incidents in Calgary’s busy downtown nightlife areas. These heightened emotions can distort perceptions and limit accurate recall. Similarly, if a witness was intoxicated, their ability to accurately describe what happened may be significantly impaired. Criminal defence lawyers use this factor to argue that a witness’s state of mind at the time of the event makes their testimony unreliable.

Cross-Racial Identification Challenges in Calgary’s Diverse Population

Calgary is one of the most culturally diverse cities in Canada, and while this enriches the community, it also introduces challenges in the courtroom. Studies show that people are more likely to make errors when identifying individuals of a different race — a problem known as cross-racial identification. Defence counsel in Calgary often raises this issue when cross-examining witnesses to highlight the risk of mistaken identity, particularly in cases where identification is the central issue.

Influence of Police Questioning or Leading Interviews

The way police officers question witnesses can unintentionally influence testimony. Leading questions, repeated questioning, or suggestive interview techniques can shape how a witness recalls events. For example, if a witness is repeatedly asked whether the accused “looked familiar,” they may become convinced of an identification that was uncertain at first. Skilled Calgary criminal lawyers often review police interview records and cross-examine officers to uncover instances where a witness’s memory may have been tainted by investigative methods.

Strategies Calgary Criminal Lawyers Use to Challenge Eyewitness Testimony

Cross-Examination Techniques to Reveal Inconsistencies

One of the most effective tools a defence lawyer has is cross-examination. By carefully questioning a witness, Calgary lawyers can highlight contradictions between earlier police statements and courtroom testimony. For example, if a witness described a suspect’s clothing differently in their first statement compared to trial, this inconsistency can cast doubt on the reliability of their overall account. In serious cases such as assault or robbery in Calgary, even minor contradictions can weaken the prosecution’s case.

Presenting Expert Witnesses in Psychology or Memory Science

Defence lawyers may also call upon expert witnesses, such as psychologists or specialists in memory science, to explain the flaws of human recollection. These experts can educate the court on how stress, trauma, or suggestion can distort memory. In Alberta courts, expert testimony can be crucial in demonstrating that an eyewitness’s certainty does not necessarily mean accuracy.

Highlighting Environmental Factors at Calgary Crime Scenes

The circumstances in which a crime takes place can greatly affect what a witness remembers. Defence lawyers often point out environmental factors that could have distorted perception, such as poor lighting in a Calgary parking lot, distance between the witness and suspect, or distractions in a crowded setting like a nightclub on 17th Avenue. By emphasizing these conditions, defence counsel can show that a witness may not have had a clear or accurate view of the events.

Questioning the Reliability of Police Lineup Procedures

Another area of scrutiny is the police identification process. Calgary criminal lawyers often challenge the way police conduct lineups or photo arrays. If officers presented a suggestive lineup — for example, by making the accused stand out through clothing, appearance, or positioning — the reliability of the identification can be called into question.

The Impact of Eyewitness Challenges on a Criminal Case

How Undermining Testimony Can Create Reasonable Doubt

In Canadian criminal law, the Crown must prove guilt beyond a reasonable doubt. When a Calgary criminal lawyer successfully highlights inconsistencies, memory lapses, or environmental obstacles that undermine a witness’s reliability, this doubt can be enough for a judge or jury to acquit. Even if the witness maintains confidence in their story, once errors or contradictions are revealed, the overall strength of the Crown’s case is weakened.

The Effect on Jury Perceptions in Calgary Trials

Jurors often begin trials believing that eyewitness accounts are powerful evidence. However, once cross-examination exposes flaws, jurors may reconsider how much weight to give that testimony. In Calgary jury trials, defence lawyers aim to shift perceptions by demonstrating that witnesses may be mistaken, influenced, or simply unable to recall details accurately.

Why Crown Prosecutors May Withdraw Charges if Witness Reliability Collapses

In some situations, the challenges mounted by a defence lawyer can do more than raise doubt — they can cause the Crown to withdraw charges entirely. If a key witness in a Calgary case is shown to be unreliable or inconsistent, the prosecution may decide that there is no longer a reasonable prospect of conviction. This often happens before trial but can also occur mid-trial if the evidence collapses under cross-examination. Defence lawyers know that carefully targeting witness credibility can be a decisive factor in achieving the best possible outcome for their clients.

Why You Need an Experienced Calgary Criminal Lawyer

Navigating the Complexities of Cross-Examination and Evidence Law

Cross-examining a witness is not simply about asking tough questions. It requires a deep understanding of evidence law in Alberta and the ability to strategically expose inconsistencies without alienating the jury or judge. Skilled Calgary defence lawyers know how to highlight flaws in testimony while keeping the focus on reasonable doubt.

Understanding Calgary Police Service Investigation Methods

Every police service has its own procedures, and the Calgary Police Service (CPS) is no exception. A local lawyer who regularly defends clients in Calgary courts understands how CPS officers conduct lineups, interviews, and evidence collection.

Protecting the Accused’s Rights Under the Canadian Charter of Rights and Freedoms

Eyewitness evidence is often tied to issues of Charter rights, such as the right to a fair trial or protection from unreasonable search and seizure. A Calgary criminal defence lawyer ensures that these constitutional rights are upheld. If a lineup, photo identification, or police interview violated Charter protections, the resulting testimony may be excluded from trial — sometimes eliminating the Crown’s strongest evidence.

Local Insight Into How Calgary Judges and Prosecutors Approach Witness Testimony

Each courthouse develops its own tendencies, and Calgary is no different. Experienced defence lawyers are familiar with how local judges evaluate witness credibility and how Crown prosecutors approach cases heavily reliant on eyewitness testimony.

How to Work with Your Defence Lawyer to Strengthen Your Case in Calgary

Khalid Akram · August 27, 2025 ·

Why Client-Lawyer Collaboration Is Crucial in Calgary Criminal Cases

When it comes to criminal defence in Calgary, strong collaboration between you and your lawyer is more than just helpful—it’s vital. Calgary courts, including the Alberta Court of Justice and the Court of King’s Bench, require defence strategies that are timely, precise, and backed by credible evidence. Here’s why working closely with your lawyer matters:

Timely Responses Matter: Alberta’s legal system moves swiftly, especially under new time limits for setting trial dates. Delayed communication can hurt your defence.
Effective Communication Improves Outcomes: Open, honest discussions allow your lawyer to anticipate problems, respond quickly to the Crown’s case, and avoid surprises in court.
Well-Informed Lawyers Build Better Cases: Your lawyer can only create a strong defence if they know all the facts—good, bad, or uncertain.

Be Honest and Transparent from the Start

One of the most critical things you can do to support your defence in Calgary is to be completely honest with your lawyer from the very beginning. Even minor details—those you might think are irrelevant or incriminating—can significantly impact how your case is handled.

Share Every Detail: Whether it’s something you said during arrest, a text you sent, or where you were on a specific date, these facts can help shape your lawyer’s strategy. Omitting information, even unintentionally, can lead to missed opportunities or unexpected setbacks during trial.
Your Information Is Protected: Calgary defence lawyers operate under strict solicitor-client privilege, meaning anything you share is legally confidential. Your lawyer cannot disclose your private discussions without your consent, giving you a safe space to speak openly.
Full Disclosure Helps You, Not Hurts You: When your lawyer knows the entire story—including the parts the Crown might use against you—they can develop a strategy to neutralize or counter that evidence. Surprises in court can be damaging, but they are often avoidable with upfront transparency.

Stay Actively Involved Throughout the Process

Your involvement in your own defence is essential. While your lawyer handles the legal strategy, your consistent participation ensures the case progresses smoothly and no detail is overlooked—especially within Calgary’s busy Provincial Court system.

Show Up and Stay Engaged: Always attend scheduled meetings, court appearances, and follow-up appointments. Missing even one session could lead to delays or negative impressions in court, and in some cases, a bench warrant may be issued.
Respond Promptly to Communications: Your lawyer may need documents, signatures, or clarifications on short notice. Delayed responses can slow down your defence or impact your options for resolution, such as entering a plea or filing motions before deadlines.
Track Important Information: Make a habit of writing down upcoming court dates, bail conditions, probation requirements, or deadlines for document submissions. Staying organized shows the court you are taking the matter seriously and helps you avoid legal missteps.
Ask Questions When in Doubt: Don’t let unfamiliar legal terms or unclear next steps go unaddressed. A good Calgary defence lawyer will appreciate your questions and ensure you understand each stage of the process—from disclosure review to trial strategy.

Help Your Lawyer Build Evidence and a Strong Defence

The more relevant information and material you provide, the stronger your case can become—especially in Calgary’s criminal courts where documentation and detail are critical.

Submit Supportive Evidence: Provide anything that may support your version of events—this includes names of potential witnesses, video footage, text messages, social media conversations, or physical evidence. Even if you’re unsure whether it’s useful, let your lawyer decide its value.
Expose Weaknesses in the Crown’s Case: You may notice inconsistencies, contradictions, or missing details in the police report or disclosure that your lawyer may not immediately see. Your perspective helps identify flaws in the Crown’s narrative or assumptions.
Maintain a Clear Timeline: Calgary courts place significant weight on detailed, organized evidence. This can help your lawyer challenge the prosecution’s version of events or support an alibi.
Demonstrate Positive Character Traits: Character matters in sentencing and negotiations. Gather reference letters from employers, teachers, religious leaders, or community members. Also include documents that show your stability—proof of employment, school enrolment, or volunteer service.

Trust Your Lawyer’s Advice and Strategy

Once you’ve chosen an experienced defence lawyer, it’s essential to trust their guidance.

Rely on Local Experience: Defence lawyers in Calgary are familiar with the procedures, tendencies of local judges, and how Crown prosecutors approach certain offences.
Don’t Act Without Legal Guidance: Avoid making independent decisions—like contacting witnesses, discussing your case on social media, or trying to negotiate directly with police or the Crown.
Respect Their Legal Strategy: Whether your lawyer is negotiating a favourable plea deal, preparing for trial, or filing a Charter application (such as for unlawful search or detention), trust that these steps are informed by their experience and training.
Stay Open to Alternatives: Your lawyer might recommend non-trial resolutions, such as plea bargains, diversion programs (like Calgary’s Alternative Measures Program), or peace bonds.

What If You’re Accused of a Crime at Work? Legal Advice from Calgary Lawyers

Khalid Akram · August 4, 2025 ·

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.