Barristers & Solicitors

MOON ROZIER LEGAL PROFESSIONAL CORPORATION is a law firm whose practice focuses exclusively on criminal & constitutional law. We offer representation on all summary conviction and indictable offences; from shoplifting to drug possession or trafficking, to homicide & terrorism.

About

MOON ROZIER L.P.C. is a team of lawyers whose passion lies in the litigation of criminal & constitutional law. That means not only an aggressive and thoroughly prepared defence in court, but as well, to the extent possible, protecting the client from the grinding maw of the machine which is the criminal justice system.

We are not, by any measure, a "high-volume" Firm, nor do we seek to be. We are selective in the clients we accept; and each client that comes to us will receive personalized treatment – with access to the lawyer on their file 24 hours a day, 7 days a week. Our focus is on the quality of the service we provide, rather than the quantity of clients. This is the same whether the client is with us by way of a private retainer, or whether the client is one of those limited number whom we accept through a Legal Aid Ontario certificate.

Our Mission Statement is an expansion upon Lord Brougham's timeless speech in defence of Queen Caroline; and when we say it is our privilege to defend the man whose life is given to us to preserve; those are more than just words. It is the embodiment of the Firm's philosophy to client care and to litigation:

The Advocate, in the discharge of his duty, knows but one person in all the world, and that person is his client. To save that client by all means and expedients, and at all hazards and costs to other persons, and, amongst them to himself, is his first and only duty. Separating the duty of patriot from that of advocate, he must go on, reckless of the consequences, although it should be his unhappy fate to involve his country in confusion.

He must be prepared to impugn Society's most cherished institutions and its most hallowed beliefs; all the while knowing that, if successful, his beloved Country may fail – thereafter to dissolve irreparably into Chaos and Anarchy.

Such then is the solemn role of the Advocate. Yet if he be timid or fearful in the exercise of the full scope of this terrible duty, then he should not accept the privilege of defending the man whose life is given to him to preserve.

Lord Henry Brougham

Clients who come to us have found themselves seized by the crushing machine of the System of Justice. Our role is to do whatever we can, within the bounds of the Law and the Rules of Professional Conduct, to secure a positive resolution to the charges he or she faces.

We are not a Firm that routinely "pleads people guilty". That is not what we do. If you are looking to resolve your charges at the outset by way of a guilty plea, we would be happy to refer you to other counsel who may be able to assist you. If however, you wish to contest your charges, then we can help you.

Staff

Michael A. Moon

Michael Moon is the Founder & Director of MOON ROZIER L.P.C..

His goal at the outset was to establish a law firm that defended those charged with criminal offences with the fiercest and most thorough defence possible. A 'no quarter asked, no quarter given' approach to litigation was welded into the Firm's DNA, and is still present today. As the Firm's Mission Statement makes clear, there is only one person in the Courtroom who matters – the Client; and nothing and no-one is immune from attack if needed to advance the client's defence.

As the Director of the Firm, Mr. Moon generally restricts his practice to 'long-trial' matters; and still, though in limited circumstances, is prepared to act for clients funded by Legal Aid.

He has acted as Counsel on some of the lengthiest and most complex trials in recent history, including the 'Bandidos' mass murder trial in London, Ontario, and the 'Toronto 18' terrorist trial in Brampton, Ontario.

Mr. Moon has successfully defended many clients charged with homicide – ranging from those charged with manslaughter to those charged with multiple counts of murder.

Distinctions

  • Mr. Moon has appeared at all levels of Courts, from the Ontario Court of Justice to the Supreme Court of Canada.
  • Mr. Moon has a B.A.(Hons.) cum laude from Laurentian University with a double major in Philosophy & Political Science.
  • Mr. Moon received his LL.B. from Queen's University Law School. While there he received, amongst others, the Tory Prize for Best Third Year paper for his work Outlawing the Outlaws: Importing R.I.C.O.'s Notion of 'Criminal Enterprise' into Canada to Combat Organized Crime. His paper was subsequently published as a peer reviewed journal and has since been cited by Judges across Canada in a number of decisions.
  • For his articles, Mr. Moon clerked at the Ontario Court (General Division), now the Superior Court of Justice. After entering practice, Mr. Moon matriculated his LL.M. as Osgoode Hall Law School prior to commencing his Firm.
  • Mr. Moon is a frequent panellist for the Peel Law Association 'Continuing Legal Education' seminars, and has been a contributor to a CBC Radio 1 programme relating to knowing one's rights under the Charter of Rights & Freedoms.

Some of Mr. Moon's interests include, Antique Rifles, Harley Shovelhead Motorcycles, Pink Floyd, Hunting, and The Decline and Fall of the Roman Empire.

Sharon da Silva

Sharon da Silva is Firm Manager Administrator with MOON ROZIER L.P.C.. Ms. da Silva began her 10 year tenure with the Firm in the capacity of Paralegal. Earlier in her career Ms. da Silva's positions as a Stock Broker Assistant and Entitlements Manager spanned 13 years within the Financial Investment industry. Her vast appetite for 'knowing the unknown' affords her a rather diverse range of personal interests. Travel, Helicopter Aviation, Meditation, Horticulture, and Space Weather are but a few.

Nicole Rozier

Ms. Rozier’s reputation for fierce advocacy, coupled with a no-nonsense and thoroughly prepared defence of her clients had its origins over the course of her seven (7) years as a sole practitioner, where she fought unyieldingly on behalf of the mentally ill, aboriginal offenders, those laboring under the weight of their addictions & would-be dangerous offenders.

In April, 2012, "Nic", as she prefers to be addressed, accepted Mr. Moon's invitation to join MOON ROZIER L.P.C. as his Senior Associate, as she embodied the type of advocacy the Firm's culture was seeking.

Since being with MOON ROZIER L.P.C., Nic has developed a strong practice at both the Ontario Court of Justice and the Superior Court of Justice, having carriage of many complex files, including homicides and police Projects.

She has conducted numerous successful challenges under the Charter of Rights & Freedoms to search warrants, wiretap authorizations and illegal police searches.

She has appeared at all levels of court, including the Ontario Court of Appeal and the Supreme Court of Canada.

Nic received her undergraduate degree from St. Francis Xavier University and her L.L.B from Schulich School of Law at Dalhousie University.

She has lectured recent calls to the Bar on the use and development of witness charts & tables in complex prosecutions.

Nic is fluent in both English and Dutch, and as such, the Firm is able to accept and properly service any client seeking our assistance for whom Dutch is their first or only language.

Some of Nic's interests include: Boxing, Judo, war history, Johnny Cash, Forensic Pathology & word search.

Ekaterina (Kathy) Perchenok

Kathy Articled with the Firm and was called to the Bar in June 2014, and was invited back to the Firm after her Articles. While a student, Kathy had carriage of a number of Ontario Court of Justice trials as well as a Provincial Offences appeal. She was undefeated throughout, which is a remarkable feat.

Kathy is fluent in Russian, and as such, she advances the Firm to a position whereby we may properly service any client who seeks our assistance for whom Russian is their first or only language.

Ms. Perchenok graduated from York University in 2010 with a Specialized Honours in Global Political Studies and received her J.D. from Queen's University in 2013; with the expectation of being called to the Bar in June 2014.

During her term at Queen's, she participated in the Correctional Law Project, a unique legal clinic that provides legal advice and assistance to inmates in one of Ontario's penitentiaries. Ms. Perchenok also participated in the faculty's extensive Mooting Program.

Of all things Law she most enjoys being at trial and drafting Legal arguments. During her free time she enjoys travelling, camping, and spending time with family and friends. She is also a fan of the Toronto Blue Jays.

Leah Gensey

Leah Gensey is MOON ROZIER L.P.C.'s newest junior associate, working with The Firm since July 2015.

Leah has always had an interest in the area of criminal law which prompted her studies and subsequent 2012 graduation from the University of Guelph with an Honours degree in Criminal Justice and Public Policy. She then went on to receive her J.D. Bachelor Law degree from Queen's University in 2015, and was called to the Bar in June 2016.

Throughout her studies at Law School, Leah furthered her interest in criminal law by focusing her course selection on criminal law courses and participating in the Queen's University Criminal Law Club. During her years at Queens, she was also involved with the Correctional Law Project, where she provided legal assistance to inmates at one of the province's penitentiaries by providing representation at disciplinary court proceedings and assisting them with their parole application process.

Some of Leah’s interests include reading; both legal and non-legal material, Classic Rock, Jiu-jitsu, and spending time with family and friends.

Services

We are a full-service litigation firm that limits its practice to those charged under the Criminal Code of Canada, the Controlled Drugs & Substances Act as well as all Federal & Provincial Regulatory offences. More often than not, people seek our help when they are in very serious trouble. Many of the cases we handle are homicides of one form or another; as well as other complex cases such as police Projects; multi-party conspiracies, trafficking or possession of Controlled Substances or Regulatory offence prosecutions.

That being said, whether you are charged with simple assault or multiple counts of 1st degree murder, you are our client, and we will do our best to assist you.

Those clients whom we accept have the benefit of a Firm with the resources and the staff to handle a case from the initial bail hearing before a Justice of the Peace, all the way to a hearing before the Supreme Court of Canada.

We deal mainly in the following matters:

  • HOMICIDE - 1st and 2nd Degree Murder, Manslaughter, etc.
  • POSSESSION - Possession for the Purpose of Trafficking, Trafficking & Importing, etc.
  • SEXUAL ASSAULT & CRIMINAL HARASSMENT
  • CHARTER OF RIGHTS - Unreasonable Search & Seizure
  • ARBITRARY DETENTION - "Racial Profiling" stops, etc.
  • THEFT & FRAUD
  • POLICE "PROJECTS" - Guns & Gangs Prosecutions
  • COMPLEX CONSPIRACIES - Conspiracy to traffic in drugs, conspiracy to commit murder, etc.
  • TERRORISM RELATED CHARGES
  • YOUTH CRIMINAL JUSTICE ACT CHARGES
  • FIREARMS CHARGES - Possession, Use in Commission of Criminal Offence, etc.
  • REGULATORY OFFENCES - "white collar" prosecutions under Federal & Provincial Statutes - Ontario Securities Commission, etc.

Notable Cases

This list represents just a small sampling of the many successful cases litigated by the lawyers of MOON ROZIER L.P.C..

  • The Queen v. N.D.

    Charge 1st degree murder.
    Committed to trial on lesser charge of 2nd degree murder after contested Preliminary Inquiry.
    Result Jury verdict of Not Guilty.
  • The Queen v. Z.N.

    Charge 1st degree murder.
    Result Crown withdrew charge against the client at the close of its case as a result of defence cross-examination of identification witnesses.
  • The Queen v. N.W.

    Charge 2nd degree murder.
    Client is a First Nations Indian accused of killing the son of a white Sarnia police officer. At trial, the defence accused the Senior Investigating Officer of planting evidence to frame the client.
    Result Jury returned a verdict of Not Guilty. Crown appeal to the Ontario Court of Appeal was dismissed.
  • The Queen v. K.D.

    Charge 1st degree murder.
    Client accused of murder for a shooting at a Mississauga bar.
    Result Discharged after Preliminary Inquiry.
  • The Queen v. A.S.

    Charge 1st degree murder.
    Client charged, along with two other males in the beating death of another male at the Albion Mall in Toronto.
    Result At trial, counsel successfully argued for the exclusion of eye-witness identification evidence. See cite: R. v. A.S., [2005] O.J. No. 5855 (S.C.J.)
    Two co-accused convicted of murder, imprisoned for life. Client found guilty of manslaughter, sentenced to twenty-six (26) months on top of time served.
  • The Queen v. J.B.

    Charge Attempted murder.
    Result Trial lasted approximately fifteen (15) minutes at which point Crown abandoned prosecution and withdrew charges.
  • The Queen v. K.J.

    Charge 1st degree murder of seventeen (17) year old girl.
    Result After trial, client convicted of 2nd degree murder. Court of Appeal sent matter back due for retrial due to numerous errors by the trial judge and Crown. Crown then offered plea to manslaughter for time served.
  • The Queen v. P.R.

    Charge Robbery with firearm.
    Client allegedly tried to rob a clothing store and its owner. Client arrested at scene by off-duty police officer, found next to gun on the floor, wrestling with store-owner; bullets discharged from gun found at scene; and store-owner's gold necklace found on the floor.
    Result After trial, jury deliberated for less than one (1) hour and returned a verdict of not guilty.
  • The Queen v. I.L.

    Charge Disposing of body of a child.
    Remains found in knapsack on balcony where client lived.
    Result At first trial, counsel successfully had the Criminal Code under which client was charged struck down as unconstitutional. Matter appealed by Crown. Supreme Court over-turned trial judge. Matter sent back for new trial.
  • The Queen v. D.O.

    Charge Manslaughter.
    Client charged with causing death of motorcyclist by turning left in front of him. Motorcycle hit car.
    Result Client found guilty of improper left hand turn under Highway Traffic Act with $70 fine.

Resources

The Justice System: "Welcome to the Machine…"

The thought of being handcuffed and trundled off into some unmarked vehicle to God-knows-where by Agents of the State who may have smashed through your door in the middle of the night to come get you or a family member is the stuff of nightmares – and Russian dissident novelists. But it happens here in Canada, with frightening frequency. And if you are a member of a minority in this country, it will happen to you far more often that to non-minorities.

The Justice System can be described as a grinding, relentless machine. The arrested person is forced into its maw, and when he or she is ultimately ejected from the Machine at the end of the case – whether convicted or acquitted, that person is never the same. They will carry scars both psychological, and often physical, from that experience.

Understand that the State quite literally, has inexhaustible resources with which to prosecute you. You are being prosecuted by "Her Majesty the Queen", also known as the Crown; and the Crown can go to the ends of the earth to try to get evidence or witnesses against you.

And against that immeasurable power? There is only you – and the lawyer you choose to stand between yourself and the Leviathan. Keep that thought when you ponder the idea of representing yourself; or if you consider hiring a less experienced lawyer to take your brief. As the Firm's Director likes to say "You are hiring a gunfighter to do the fighting for you. The question you need to ask yourself is, 'Do I really want to hire the second fastest?'"

The purpose of this page is to provide some general information. This is NOT legal advice. Rather, some general answers to the most common questions: What can or should I do if I am arrested? What do you do if the police keep me in jail? Do I need a lawyer? How do I get a lawyer? What is a trial? What is a Preliminary Inquiry? What is a bail hearing, when am I entitled to one?

Resources

You've Been Arrested — What Now?

If you are arrested by a police officer, one of two things will happen: They will let you go, or they will keep you and bring you to Court. This often depends on the nature of the charge, and the nature of the person arrested. If the charge is less serious and you are not otherwise "known to the police", you may very well be released from the police station. You will have to sign an Undertaking or a Recognizance which is effectively a promise to abide by the conditions in the document. This usually includes a condition to "Keep the Peace" as well as requiring you come to Court on a specific date and, as well, report to the Police on a specific date to be fingerprinted. If you do not come to Court on the date designated, or you do not go to be fingerprinted on the date designated, you can face an additional criminal charge.

The second scenario is you will be held for a "bail hearing". Bail hearings are usually held before a Justice of the Peace. The Criminal Code requires the police bring you before a Justice within 24 hours. That does not mean your bail hearing will happen then. It is not uncommon for bail hearings to be delayed days if not weeks – especially if you do not have a lawyer. In certain cases, where you are charged with what is referred to as a "s.469" offence, you cannot have a bail hearing before a Justice of the Peace. Section 469 offences are offences such as murder, treason etc. The bail hearing has to be before a Judge of the Superior Court of Justice. This requires a special procedure called a Notice of Application and is far more complex a hearing than one before a Justice of the Peace.

If released either from the police station or on bail by a Justice of the Peace, your first court date will usually be within three weeks of your arrest. This is the beginning of the "intake" process. The Crown has to give you the disclosure – which includes, but is not limited to, all the evidence it has collected against you. Usually there will be several appearances before a preliminary Inquiry or a Trial date is set.

If you are being held for murder or manslaughter, you need to speak with a lawyer, not read some general information from a web page. Call our office from anywhere in Ontario – or Canada – collect if need be, and we are prepared to come to wherever you are being held to assist you.

Resources

Know and Exercise Your Legal Rights

Upon arrest, the Common Law and the Charter of Rights & Freedoms purport to give you rights that you should exercise. Whether they want to or not, the police are required to not only advise you that you have the right to speak to a lawyer, they also must give you the opportunity to speak with a lawyer if you so wish. As well, you have the "right to silence". That is, you do not have to speak to the Police.

A lot of times people think that if you say you want to speak to a lawyer, 'they' will think you are guilty. Well, the Police already think you are guilty, otherwise they wouldn't have arrested you, and the fact you spoke to a lawyer makes no difference in an actual Court of Law. If the Police have demanded you come to the police station (handcuffed or not) to be questioned, or if you have been arrested, and you are in an Interrogation Room being questioned on video, you are not talking yourself out this situation, no matter what the interrogating officer might say.

Call a lawyer, and call the lawyer you want. If you cannot get a hold of the lawyer you want, the Police must put you in touch with Duty Counsel. Duty Counsel are lawyers. They will give you advice. Most likely, he or she will tell you "Don't talk to the police". That is, exercise your 'right to silence'.

However, while you have the 'right to silence', the police have the right to keep questioning you. It is important to understand that Canada, unlike United States, does not have Miranda rights. In Canada, adults do not have the right to have a lawyer present when they are being interrogated. As well, you can say to the police "I don't want to talk to you" and it doesn't mean anything. Your lawyer can tell the Police you do not wish to speak with them. It doesn't mean anything. The Police can and will ignore your desire not to speak with them. They can continue to interrogate you, in some cases our Firm has dealt with, for over ten (10) hours straight.

Realize, when the police have you, you are outmanned and outgunned. You are powerless – a bound sheep amongst wolves. The police have specific training to get you to talk. They are allowed to lie to you, telling you certain evidence exists when it does not. They can manipulate and twist everything you say. In some cases, they have been able to convince absolutely innocent people to confess to crimes they did not commit. There are far too many people who been exonerated as being "wrongfully convicted" having spent years – sometimes most of their life – in jail for a crime they did not commit.

There is only one real way to protect yourself when you are arrested:

DON'T SAY ANYTHING!!!
NOT ONE WORD!!!
NOT EVEN YOUR NAME!!!

Put your head down on the table and ignore the Interrogator. Ignore any insults or attempts to engage you in small talk. Ignore any suggestion that they care about you. They don't. They believe you are guilty, and all they want is you to confess. If you are resolutely silent, at some point the Police will give up and put you back in a cell.

Resources

The Charges, the Trial and the Preliminary Inquiry

There are three ways a criminal charge can be dealt with in the Criminal Justice System. The first is by way of a 'summary proceeding'. This means the trial of the matter will be at the Ontario Court of Justice, also known as 'Provincial Court'. Summary proceedings are generally the least serious charges in the Criminal Code, such as "cause disturbance" etc.

The second method is by way of 'Indictment', or a 'straight indictable proceeding'. These are the most serious charges in the Criminal Code: murder, trafficking in drugs, terrorism, conspiracy, robbery or use firearms offences and the like. Except for those charged with a "s.469" offence, a person charged with a 'straight Indictable' offence can 'elect' or choose their mode of trial. They can have a Preliminary Inquiry. This is a hearing before a Judge of the Ontario Court of Justice whose primary purpose is to determine if there is sufficient evidence to require you to stand trial. As a practical matter, the test of 'sufficient evidence' is quite easy to meet. However, there is a secondary purpose to a Preliminary Inquiry; it permits the defence a chance to test and examine witnesses in preparation for trial.

If you choose not to have a Preliminary Inquiry, you can 'elect' or choose to have a trial at the Ontario Court of Justice, or you can elect to have a trial at the Superior Court of Justice with a judge and jury, or at the Superior Court of Justice before a judge without a jury.

If you are charged with a s.469 offence, in the absence of Crown consent (which rarely happens), your trial will be before a Superior Court Judge and a Jury. You do not have the choice of having a trial at the Ontario Court of Justice, nor do you have a right to have a trial before a Superior Court Judge without a jury.

The third manner of proceeding is through 'hybrid' or Crown electable offences. This covers most of the charges listed in the Criminal Code. What this means is that the Crown Attorney, upon reviewing the allegations, can choose whether they wish to proceed by way of a summary proceeding, or by Indictment. If it is the former, then the trial is before the Ontario Court of Justice. If it is the latter, then it proceeds as an 'Indictable offence'.

Resources

Retaining the Right Lawyer

Finding a lawyer is easy – a simple internet search will give you thousands. It is finding a competent lawyer that is the hard part. If you have a specific lawyer's name, do an online search to see if they have a web-presence. Our Firm has been involved in some of the most prominent cases of this century, from the 'Bandidos' mass murder prosecution in London, Ontario to the 'Toronto 18' terrorism prosecution in Brampton, as well as numerous homicide and conspiracy cases.

If you have narrowed your search down, ask the lawyer directly about his or her experience with the type of charge you are facing; and his or her success rate. In terms of references from former clients, others might provide them, we do not. We do not give any client's name to anyone – even if the case was highly publicized. If asked, we will not even acknowledge the client has retained us. Clients come to us demanding discretion on top of a thorough defence, and we give them what they pay for.

Ask about the lawyer's fees and billing methods. We have a formal retainer agreement that all client's enter into. It lays out, in easy to read language, exactly what you are hiring us to do for you, so there can be no confusion. For those unable to pay for a lawyer privately, our Firm accepts a limited number of clients through Legal Aid Ontario. Please call and a lawyer can discuss this with you.

Resources

Booking a Consultation

At this stage, you should have a general idea of where an accused person stands in the Criminal Justice System, and what he or she is up against. As you sit in Court in the "Prisoner's Box", the often spoken about "presumption of innocence" seems far away. If you are fortunate enough to get bail while awaiting your trial, you may nonetheless be legally prohibited from having contact with friends or loved ones; or from going to work or school or from driving. You may even be driven from your own home, begging to find a place to stay while the System moves slowly forward.

You do not, and should not go through this process alone. You need the assistance of someone who knows how the Machine works, and can guide you through it. You need not just any lawyer, you need an experienced Law Firm on your side.

Call our Firm collect at 905.866.6449, book a consultation. Let us help.

Resources

External Resources

Canadian Charter of Rights and Freedoms
Interactive site reviewing Canada's Charter of Rights, its history and its impact.
Criminal Code of Canada
Canada's code of criminal procedure, crime and punishment.
Controlled Drugs and Substances Act
Canadian legislation dealing with all drug offences.
Youth Criminal Justice Act
The criminal law for people under the age of 18.
Legal Aid Ontario
Apply for access to a range of legal services for Ontarians.
Ontario Laws in Digital Format
Find and search all Ontario laws and regulations.
Federal Laws in Digital Format
Find and search all Canadian Federal laws and regulations.
Canadian Legal Information Institute
Search for case law precedent from the Superior Courts and Courts of Appeal of all provinces and the Supreme Court of Canada.
Supreme Court of Canada
Website of Canada's highest court including case law.
Ontario Courts
Website of the Ontario court system with decided cases.
The Law Society of Upper Canada
Regulates Ontario's lawyers and paralegals in the public interest and facilitates access to justice for the people of Ontario.
Citizenship & Immigration Canada
The department of the Canadian government with responsibility for issues dealing with immigration and citizenship.
Get Me Out
Stuck in jail awaiting bail? Perhaps we can help. Electronic Monitoring for bail and immigration Cases.
Criminal Pardon Canada
Pardon Granted Canada specializes in Canadian Pardon Services and obtaining Pardons and US Entry Waivers for people in Canada with Canadian criminal records.
Drug Rehab Centers Canada
Drug Rehab Services is a free resource for drug and alcohol addiction. Call this free service counseling hotline at 1-877-254-3348.
Canada Criminal Record Check
Many employers, credit grantors, volunteer organizations and other agencies now require a background check sometimes referred to as a Criminal Record Check. A Criminal Background Check will confirm a record exists or not based on your name and date of birth. A Certified Criminal Record Check from CPIC (Canadian Police Information Center) verified by fingerprints, lists all your convictions, charges and discharges throughout Canada.
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