R. v. M.L.M.

(Airdrie, PC - Assault). MLM was charged with common assault arising out of an altercation outside of a convenience store in Airdrie, Alberta. The altercation was an unfortunate event arising from COVID-19 related tensions.  The accused - who was COVID compliant - was attacked by a group of teenagers in the parking lot.  MLM fought back in self defence, ultimately backing off the group. MLM then departed the scene. The police were called. The teenagers were interviewed but sadly, the police failed to even attempt to collect video footage from the parking lot.  Not surprisingly, the group of teenagers told inconsistent versions of the accused being the aggressor and the assailant. The accused had no prior criminal record. The reality of our criminal justice system is that it is imperfect. Notwithstanding that MLM had a strong self defence argument, the Crown had more witnesses (the teenagers).  What was troubling was that the police didn't view or collect the independent video evidence which by the time MLM retained a lawyer, had been recycled/deleted. The Crown offered to resolve with Alternative Measures (AMP). AMP is effectively a program that if completed results in the withdrawal of minor offences. Though MLM wanted to fight, the legal costs and risks militated against rejecting AMP.  The charges against MLM were withdrawn. If you have been charged with a crime, you may have a valid defence -- even an exceptionally good defence. However, the unpredictability of our criminal justice system combined with legal costs means that it is often prudent to take the path of least resistance. David Chow is an Airdrie Criminal Defence lawyer who has defended everything from murder, to complex drug cases, property crimes and driving offences.