Filkow Law has extensive experience across all areas of criminal law practice with particular expertise in the areas of sexual offences, criminal driving, assault offences, and drug & money charges.
Criminal law has become increasingly complicated. The impacts of a criminal record are devastating and lasting. It is important to retain highly qualified criminal lawyers who know the criminal justice system. The best legal representation demands a number of aptitudes: hard work, legal knowledge, preparation, sound judgment, good relationships and people skills, negotiation, advocacy, courtroom skills, commitment and tenacity.
As experienced criminal defence lawyers in Vancouver, BC, we possess these proficiencies and are dedicated to providing the best outcome. If you are under investigation or have been charged with a criminal offence, contact Filkow Law for legal assistance.
For more information on our highlighted practice areas, click any of the links below.

Sexual Offences
- Sexual Assault
- Sexual Interference
- Publication of Intimate Images
- Indecent Act/Exposure
- Luring a Child

Criminal Driving
- Impaired Driving (DUI)
- Illegal Blood Alcohol Level
- Refusal to Comply with a Demand
- Dangerous Driving
- Hit-and-Run

Assault Offences
- Assault
- Domestic Assault
- Assault Causing Bodily Harm
- Assault with a Weapon
- Aggravated Assault
- Uttering Threats
- Criminal Harassment
- Weapons Offences
- Peace Bond

Drug Offences
- Possession for the Purpose of Trafficking
- Trafficking
- Possession
- Cannabis Offences
- Importing

Theft & Property Offences
- Theft
- Fraud
- Civil Forfeiture
- Breaking and Entering
- Robbery
- Possession of Proceeds of Crime
I have a first court date coming up. What should I do?
We recommend that you contact us in advance of that date.
Do I look guilty if I hire a lawyer?
No. You are innocent until proven guilty and you have the right to counsel. Exercising your rights cannot be used against you.
If I am taken into custody by the police. What should I do?
One of the most scary and unpleasant events for someone is to be in police custody. There is a serious imbalance of power. A phone call to a lawyer is generally the only legal assistance at a very vulnerable time. If you have been arrested, contact Filkow Law at (604-558-8778) or our 24-hour toll-free number at (1-855-558-8778).
Are the police allowed to randomly stop me while I am on the street?
Generally, the police do not have the power to stop or question you without a reason. The police are only permitted to detain and demand your identification when they have a reasonable suspicion that you are engaged in criminal activity. If the police do not have a reasonable suspicion, the detention is illegal and any evidence they obtain may be excluded at trial. For more information on police stops, click here.
Do the same rules apply to police stops while driving?
The police have the power to stop your vehicle to investigate your licence, insurance, registration, and the safety of your vehicle. However, your Charter rights apply to you and to anyone else in your car when the police officer pulls you over while driving. For more information on police stops, click here.
What is an assault?
An assault is any intentional, non-consensual contact on another person. An assault can range from an argument at home to a fight at the bar to an assault causing death or murder. Even a raised fist or physical gesture can be an assault.
What is a sexual assault?
At its core, a sexual assault is any non-consensual sexual touching. It can range from touching a buttock to intercourse. If you are being investigated for sexual assault, it is important to call an experienced criminal lawyer immediately.
No matter the facts of the case, sexual assault allegations – let alone charges – have serious consequences for an accused person. If you are being investigated for or have been charged with a sexual assault or a related offence, we strongly recommended that you contact an experienced criminal defence lawyer to protect your interests throughout the process.
The police took my stuff. How long can they keep it for?
The police can seize items for 90 days. If no charges are laid, the police will need to seek your consent or judicial authorization to detain the items for longer than 90 days.
I am charged with driving while impaired and driving over 80. What does this mean?
Driving while impaired and driving over 80 are commonly charged when a person is alleged to have been drinking and driving. They are different offences. It is possible for someone to drive over 80 without being impaired. Similarly, it is possible for someone to drive while impaired without being over 80.
Driving over 80 requires evidence that your blood alcohol content was over 80mgs% per 100mL of blood. This is often proven by a breath or blood sample. In cases involving drugs, a urine sample may be used.
In contrast, driving while impaired requires evidence that the person’s ability to drive was impaired to any degree. The following are some observations that may establish impairment:
- a marked departure from normal driving;
- bloodshot or watery eyes;
- a flushed face;
- the odour of an alcoholic beverage;
- slurred speech;
- a lack of coordination;
- a lack of comprehension; and
- inappropriate behaviour.
The court will assess the totality of the symptoms in determining if someone is impaired.
What is dangerous driving?
Dangerous driving is driving that is a marked departure from a reasonable prudent person (like a judge). It is determined on a case-by-case basis with regard to all the circumstances. Here is a non-exhaustive list of some examples of dangerous driving:
- Driving at a high rate of speed through a red light.
- Driving on a busy highway at night with a blood alcohol content of 50mgs% per 100mL of blood while extremely tired.
- Seizing the wheel of a motor vehicle that is being properly driven.
In some cases, driving at a high rate of speed alone is dangerous driving.
I am charged with theft and fraud. What does this mean?
Theft and fraud are two related but different offences. They are often charged together when something has been stolen.
Theft is taking the property of another without consent and with an intent to deprive the owner of the value or use of that thing. In contrast, fraud is an intentional and false representation of a matter of fact in order to secure a benefit or to materially damage another person.
One key difference is that theft involves the act of taking, whereas fraud is a false representation. For example, if you take someone else’s money without their consent, that is theft. If you tell someone to lend you money and you will pay them back when you do not intend to pay them back, the act of lying and deceiving can be fraudulent.
If you need legal assistance, give us a call or simply text us your police, court or driving documents to our respective text line.
Criminal Law
- He did not explain why he found C.R. was too drunk to give consent; and
- He should have considered the issue of consent separately from the issue of capacity.
- the physical act;
- the sexual nature of the act;
- the identity of the sexual partner(s); and
- that he or she may refuse to participate.
Sexual Assault Law in the Supreme Court – R v. GF
What role does alcohol play in assessing consent? The Supreme Court of Canada (SCC) recently explored this issue in R v GF.
In R v GF, 2021 SCC 20, the SCC considered the relationship between consent and the capacity to consent to sexual activity. Ultimately, the SCC ruled that the capacity to consent to sexual activity and actual consent do not need to be compartmentalized. Capacity is simply a precondition of consent.
The Facts in R v GF
The accused couple (G.F. and R.B.) was found guilty of sexually assaulting C.R. while on a camping trip. On the final night, C.R.’s mother arranged to have C.R. sleep in the accused couple’s trailer. That night that the two accused and C.R. engaged in sexual activity.
All parties agreed that the sexual activity happened. However, they disagreed on whether C.R. consented to it. C.R. said she drank around 8 to 10 shots and did not consent. G.F. said C.R. had a beer and two half-ounce shots and did consent.
The trial judge believed C.R. and disbelieved G.F. He found that the sexual activity occurred while she was too drunk to consent and that she did not consent.
The Court of Appeal’s Response
The Court of Appeal ordered a new trial because the trial judge erred on two grounds:
In his decision, the trial judge concluded:
[72] Section 273.1(2)(b) of the Criminal Code indicates that no consent is obtained where the complainant is incapable of consenting to the activity. This applies in instances where a complainant is intoxicated.
[73] Accordingly, I find the two accused guilty of sexual assault as charged.
Because the trial judge did not assess at what point C.R. would have been too drunk to give consent, the Court of Appeal found he misleadingly suggested that any level of intoxication is enough to negate consent.
The Court of Appeal also held that the consent and capacity analysis should be separate. Thus, the trial judge should have first asked whether C.R. consented to the sexual activity, then asked whether her level of intoxication invalidated the consent.
The Supreme Court of Canada Finds Capacity is a Precondition to Consent
Karakatsanis J., for the majority of the SCC, overturned the Court of Appeal and reinstated the convictions. While the Court of Appeal looked at alcohol and incapacity as factors that render consent ineffective, the SCC rejected the idea that a person can consent but have his or her consent be ineffective due to alcohol or incapacity. As a matter of logic, a person must be capable of consenting to provide consent.
The SCC outlined a four-part test for when a person is capable of consent. The person must be capable of understanding all of the following:
If the Crown proves the person was incapable of understanding any one of the above beyond a reasonable doubt, the complainant is incapable of consent, and therefore did not consent.
On the issue of the trial judge’s reasons, the SCC reiterated that an appellate court only needs to understand the factual basis for the decision. Poorly expressed reasons did not give rise to an appeal. In this case, while it would have been preferable for the trial judge to clearly identify what aspect of consent he was referring to, his failure to do so was not an error.
What Does This Mean For Sexual Assault Law in Canada?
The R v GF ruling has two implications for sexual assault law in Canada. First, consent and capacity are essentially one concept, where capacity is a precondition to consent. Second, a trial judge does not need to give descriptive reasons about consent and capacity as long as the factual basis for the decision is clear from the record.
May 05, 2021
Can the Police Unlock Your Phone?
A question that comes up more and more in recent years is, can the police unlock your phone if you’re under arrest? The development of technology, in particular the ubiquitous presence of smartphones, creates issues not previously dealt with by the courts and legal scholars. Requiring someone to provide passwords to the police is one such example of a novel legal problem. The Ontario Court of Justice in R v Shergill recently answered whether the court, through an assistance order under section 487.02 of the Criminal Code, can lawfully require an arrested individual to unlock encrypted data to aid an investigation.
Can The Police Force You To Unlock Your Phone In Canada?
Police can and will confiscate your phone if you are arrested. If a person’s device is unlocked upon arrest, the police may in some circumstances lawfully retrieve stored data. However, when the device is locked, the police may not be able to access any information. Lawful seizure of the device alone—without access to stored data—provides little to no investigative value. In limited circumstances, an assistance order may force an individual to participate in the police search so that the investigation is more meaningful. According to Shergill, this power does not extend to an accused person.
Related: “I am Being Arrested By the Police. I Need to Speak to a Lawyer”
This is largely because the data is not accessible without participation of the accused. Trying to obtain encrypted information any other way would expend too many resources or may even destroy the seized device. Although the password itself may not be used as evidence against someone, the inculpatory effect of providing encryption keys in and of itself makes password compulsion unconstitutional. An assistance order against an accused violates the person’s rights including the presumption of innocence, right to silence and right against self-incrimination.
Individual Rights vs Public Interest
The court in Shergill also distinguished password compulsion from other forms of orders related to the creation of physical evidence (e.g., DNA and breath samples). Physical evidence can be obtained through other means. An encryption key, however, requires communicating a thought in the person’s head. The key cannot be revealed unless the person utters the characters. In Canada, the protection of freedom of speech extends to encryption keys, even when it may or may not contain information vital to police investigation. Balancing the public interest in prosecution against an accused’s liberty interests, Shergill sided with protecting individual rights.
This decision has not been appealed or otherwise challenged by other jurisdictions. With emerging technological advancements, the Canadian courts have made it clear that while the police may acquire search warrants against individuals and seize items, access to information within the seized devices are not automatic.
Related: What to Do if You Are Stopped by Police
For more information on search of password-protected devices, or to obtain effective legal representation in unlawful search and seizure, contact us at Filkow Law – 604-558-8778. If you find yourself in need of a criminal defence lawyer, call immediately.
Jan 09, 2021
What Happens If You Breach Bail Conditions?
Recently, the Supreme Court of Canada issued a landmark decision relating to the imposition of conditions on release (i.e., bail conditions) and breaches of those conditions.
Generally, to be convicted and found guilty of a criminal offence a person must commit a wrongful act – the actus reus – and must have the requisite guilty mind to commit that wrongful act – the mens rea. However, the law recognizes that there are two types of mens rea – subjective and objective.
Subjective mens rea is where a person is responsible for committing the crime if they intended, knew, or were aware of what might happen because of their wrongful act.
Objective mens rea is where a person did not mean to do anything wrong but is nevertheless responsible for committing the wrongful act. In other words, objective mens rea looks at what an ordinary or reasonable member of society would have done in the same situation.
Breaking Your Bail Conditions: R. v. Zora Explained
Prior to the decision in Zora, courts throughout Canada disagreed on the mens rea to apply to breaches of bail conditions. However, in Zora, the SCC confirmed that the mens rea to be applied for breaching a bail condition was subjective. This means that the Court, in deciding the guilt or innocence of the accused person alleged to have breached a bail condition, must look at what that person actually knew or was aware might happen as a result of committing the breach.
In addition to resolving the issue of objective versus subjective mens rea for breaches of bail conditions, the Supreme Court took the opportunity to revisit the purpose and imposition of bail conditions. For decades prosecutors would seek, and Judges would consider and often impose many conditions to an accused’s person release or bail. The Supreme Court of Canada in Zora found this was the wrong practice and has transformed this unjust tradition. Rather, The Supreme Court found that normally there should not be any conditions imposed on bail. There are many reasons for this including an accused’s presumption of innocence, unnecessary restrictions on a person’s liberty and the impact of pre-trial conditions on vulnerable populations. In other words, the default form of bail for most crimes is release on an undertaking. Additional bail conditions can only be imposed if they are clearly articulated, minimal in number, necessary, reasonable, the least onerous in the circumstances, and linked to the risks regarding the grounds for detention under section 515 of the Criminal Code. These include securing the accused ‘s attendance in court, ensuring the protection or safety of the public and maintaining confidence in the administration of justice.
The Zora case has changed things. Bail conditions including no contact, no go, reporting, no alcohol, curfew and any other conditions must be justified and necessary.
For more information on allegations of breaching bail conditions or for assistance in changing bail conditions, contact Filkow Law to speak with one of our experienced lawyers.