Practice of Law

Mr. Byers commenced his career in the Practice of Law with his mentor Martin Teplitsky (Teplitsky, Colson) where he practiced criminal law, civil lititigation and personal injury.  In 1983 he founded the firm of Daley, Byers with his close friend Bruce Daley.  The firm has flourished ever since.  During the early years Ken practiced both personal injury law and criminal law.  However, since approximately 1990 his practice has been restricted primarily to criminal law, and occasionally the most serious of personal injury cases.

Criminal Law

Over his 30 years of practice Mr. Byers has taken on most every type of criminal offence ranging from attempt murder to simple assault, fraud, theft, impaired driving, ...etc.  The following is a sample of some of his recent case work.

  • accused:  possession for the purpose of trafficking 5 kilo of cocaine etc
    -  charges withdrawn
  • accused:  possession for the purpose of trafficking 3 kilo of cocaine etc
    - charges stayed after Charter motions argued
  • accused:  cultivation of marijuana (grow op)
    - charge withdrawn
  • accused:  possession of a restricted weapon and cultivation (grow op)
    - Ultimate resolution (although the gun charge carried a 3 year minimum) was 6 months conditional sentence, 3 months house arrest exception for work, and 3 months curfew
  • domestic assault
    -  charge dismissed after trial
  • theft under
    – charge withdrawn
  • theft over 500
    – charge dismissed after trial
  • domestic assault
    – charge withdrawn, client entered a peace bond and back home in three weeks

Impaired Driving, Over 80 (DUI, DWI)

Mr. Byers and his team of lawyers and experts defend approximately 200 drinking and driving related matters each year.  His success rate for trial work is approximately 80%. In many instances Mr. Byers has been able to resolve a drinking and driving related offence to a lesser charge under the Highway Traffic Act for the benefit of his clients.

  • accused:  refuse breath sample
    - acquitted
  • accused:  impaired driving and driving with over 80
    - aquitted
  • accused: dangerous driving
    - aquitted
  • accused: impaired driving
    - Charge withdrawn , accused plead to careless driving under the Highway Traffic Act (no suspension, no Criminal record, no interlock)

Mr. Byers has extensive experience dealing with and defending domestic assault cases.  These cases are often “he said, she said” cases with little or no cooberation of the allegations.  In these cases acquittals are achieved more often than not as the Crown cannot satisfy the burden of proof beyond reasonable doubt. In some instances trials are not conducted as the parties wish to reconcile and peace bonds are often obtained and charges dropped.

  • accused:  domestic assault
    - aquitted

It would be difficult to total the number of theft under charges that Mr. Byers has successfully defended.

  • accused:  theft
    - charges withdrawn
  • fraud:  fraud over 5000, possession of skimming devices, possession of fraudulent credit and bank cards.
    - charges withdrawn

The above constitutes only a smattering of the cases that Mr. Byers has successfully defended in the past year.  He continues to tackle all cases with the same vigor and attention regardless of the seriousness of the charge.  He is a firm believer that each and every client is entitled to a full and complete defence. 

Communication is essential to excellent client representation.   Ken’s commitment to client communication is evidenced by his 24/7 availability on his blackberry by voice, email and text.  His cell number and e-mail address are provided on his business card. His phone is forwarded to his office while he is in court, but his text and emails are still received.  All telephone messages received by the office are immediately sent to him by text.

Mr. Byers looks forward to the future years of defending the civil liberties of those who find themselves facing criminal charges.  His son, Mark will soon be joining him in the practice.   Ken is steadfast in his belief that the Police must be challenged to maintain the integrity of the justice system and to protect the civil liberties of all members of society from potential authoritarian abuse.