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GARY BOTTING

778-355-6106

garybotting@shaw.ca

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Criminal Defense

Vancouver BC Major Crimes Lawyer

Choosing the appropriate lawyer to handle a murder trial is possibly the most important decision to be made by an accused. Dr. Gary Botting has represented the accused in many murder trials. He is known throughout Canada as an expert in extradition and wrongful conviction. He is also known for his experience in the courtroom, his trustworthiness and his track record for providing an assertive defence.

Murder/Manslaughter Defence Lawyer

In 2008, the law governing dangerous offender proceedings changed so that now a prosecutor has full discretion to bring a dangerous offender application and the judge has no discretion to stop it. Furthermore, anyone found to be a dangerous offender faces the likelihood of an indeterminate sentence, because that is the default penalty under the new provisions. The offender must prove that he is not a risk to society—and “proving” a negative is an almost impossible task.

Every individual facing dangerous offender proceedings has the right to representation by the lawyer of his or her choice. Dr. Gary Botting is committed to defending those who face dangerous offender proceedings to ensuring that the accused person's legal rights are protected right from the beginning, including applications under Section 752.1 of the code right through to parole hearings, years later, at the very end of the punishing process.

Located in Greater Vancouver, BC, the firm of G.N.A. Botting, Barrister, represents dangerous offenders who have been charged with major crimes, including murder, manslaughter, terrorism, arson, sexual assault and weapons offences. As a Vancouver criminal defence lawyer, Dr. Gary Botting dedicates his law practice to protecting the rights of those facing criminal charges, both in Canada and abroad.

SCC asked review dangerous offender ruling: Botting

British Columbia criminal lawyer Dr. Gary Botting has been approved by Nova Scotia Legal Aid to represent at the Supreme Court of Canada a Halifax man who was recently…Read more

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Contact a 'Terrorism' Defence Lawyer

Please contact the British Columbia firm of G.N.A. Botting, Barrister at the number above. Gary Botting offers free initial consultations. Legal aid-approved clients are welcome for alleged murder, manslaughter, terrorism, arson and weapons offences, or alleged attempts. Jail or off-site appointments can be booked upon request.

Canadian Charter of Rights and Freedoms

Under the Canadian Charter of Rights and Freedoms, every individual is guaranteed certain rights and liberties that cannot be violated by employees or representatives of the government, whether national or provincial. The police, for example, must read you your rights, including your right to speak to a lawyer and above all your right to silence.

Of course, the police are bound to encourage a suspect to talk, despite a clear declaration that you wish to remain silent. This is their job. They have a right to keep asking questions — and you have the right to silence. So, beyond telling them your name, address and date of birth, say absolutely nothing, no matter how badgered you feel.

They cannot use your silence against you — but they can use anything you say against you. And often they will "hear" what you say in a different way from what you intend. So always remember the magic word: silence!

Ironically, while your legal right to silence is protected, so is your freedom of speech, freedom of expression and freedom of association. The ideas, religious and secular beliefs, and opinions of an individual are all protected, and should be tested in the free marketplace of ideas — not in the criminal courts. Freedoms, liberties and legal rights are often tested in the criminal system, which is the essential reason an experienced Vancouver criminal defence lawyer's assistance is necessary.

In order to prepare a strong defence for such charges, a lawyer must fully understand the legal issues involved. Violations to your Charter rights must also be considered, including:

  • the right to life, liberty and security of the person
  • the right to be treated in accordance with the principles of fundamental justice
  • the right to be secure against unreasonable search and seizure
  • the right not to be arbitrarily detained or imprisoned
  • the right to be told promptly of the specific alleged offence
  • the right to trial within a reasonable time
  • the right not to be forced to be a witness against oneself
  • the right to be presumed innocent until proven guilty
  • the right to bail
  • the right to trial by jury
  • the right not to be found guilty for an act or omission that is not against the law
  • the right against double jeopardy
  • the right to benefit from the lesser punishment if a sentence is changed by law
  • the right not to be subjected to cruel and unusual treatment or punishment
  • the right of a witness not to have his testimony used against him
  • the right to an interpreter
  • the right to legal representation

And most importantly of all:

  • the right to silence.

The law firm of G.N.A. Botting, Barrister, based in Greater Vancouver, serves clients throughout British Columbia, representing those who have been charged with criminal offences through every step, including bail, preliminary inquiry, trial and appeals at every level.

Crown stays charges against Botting's client after new trial ordered

The Crown has stayed the charges against criminal appellate lawyer Gary Botting's client after a British Columbia court quashed a sexual assault conviction and ordered a…Read more

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Proposed law to limit segregation would help countless inmates

The federal government’s plan to introduce legislation limiting how long prison inmates can remain in solitary confinement is welcome news to those who have been subject to…Read more

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Botting pens open letter on remedying wrongful convictions

British Columbia criminal lawyer Gary Botting has written an open letter to David Milgaard to support changes to the way wrongful conviction claims are reviewed. Botting, the…Read more

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Gary Botting Looking Out for Your Rights and Freedoms

Individuals in Canada have the right to life, liberty and security of person, among other freedoms, including:

  • Freedom of religion
  • Freedom of conscience
  • Freedom of thought, belief, opinion and expression
  • Freedom of peaceful assembly and association

Besides the most important right to silence, persons charged with a criminal offence are also entitled to other legal rights. For example, an individual facing the possibility of a criminal charge is protected from unreasonable search and seizure. When charged with an offence, an individual has the right to be tried within a reasonable time and has the right not to be compelled to be a witness against himself. (But only if he keeps silent!) An individual also has the right to remain in Canada and not to be extradited arbitrarily to another state. (Learn more this on the Extradition page.)

Every person charged with an offence is presumed innocent until proven guilty, whether you are facing allegations of bigamy, polygamy, defamatory libel, advocating genocide, public incitement of hatred or an act you see as a religious freedom rights violation. An experienced lawyer can help protect individual rights. Retaining representation as early as possible can make an important difference in someone's case.

Dr. Gary Botting is a firm proponent of the rights and freedoms of an individual and in protecting the rights of those who have been charged with criminal offences. He is committed to protecting the rights of his clients. Among his 30 published books are several titles that deal with rights and freedoms, including Wrongful Conviction in Canadian Law (LexisNexis, 2010), Fundamental Freedoms and Jehovah's Witnesses (University of Calgary Press), Chief Smallboy: In Pursuit of Freedom (Fifth House), and five editions of Canadian Extradition Law Practice (LexisNexis, 2015).

Attempted murder charges stayed against Botting's client

The B.C. Supreme Court has stayed charges of attempted murder, aggravated assault and robbery against a client of British Columbia criminal lawyer Gary Botting on day three of a…Read more

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Judge orders stay of proceedings post-conviction

Following long trial delays, a Vancouver judge has taken the unusual step of ordering a judicial stay for a man who was convicted in connection with a 2014 home invasion, says his…Read more

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