A client of our firm was charged with assaulting a peace officer in the execution of their duties, thus committing the offence defined in Section 270 (1) a) 2b) of the Criminal Code.
He had been convicted in the past for an impaired driving charge.
Significant changes since his arrest:
More than 18 months had elapsed since our client had entered a guilty plea.
Before sentencing began, he had newly become a father, stayed sober, and started a course to eventually obtain his general contractor’s licence in the construction field.
We heard from the mother of the accused, who confirmed the numerous changes in our client’s life.
We advanced legal arguments based on Section 62.0.1 of the Building Act, which states:
62.0.1. The Board may refuse to issue a licence if issuing the licence would be contrary to the public interest, for example because the applicant or, in the case of a partnership or a legal person, it or any of its officers is unable to prove good moral character and a capacity to exercise activities as a contractor with competence and integrity, given the past conduct of the applicant or the officer.
We asserted that a criminal record for assaulting a peace officer would have a direct link to “good moral character and a capacity to exercise activities as a contractor.”
Presence of a prior conviction for drunk driving:
We argued that a criminal record for drunk driving would have no link to the “capacity to exercise activities as a contractor,” as opposed to a crime against the person.
Despite its relevance, the absence of a prior conviction is not a mandatory condition for granting the judicial measure, and a court refusing to grant a discharge for this reason alone commits an error of law (R. c. Chevalier,  J.Q. No. 415 (C.A.).
After the administration of the evidence and the arguments, the court granted our client a conditional discharge (donation to a charitable organization within 60 days).
Our client avoided a criminal record and could become a contractor and achieve his career goals.