S. Declan Midwood

S. Declan Midwood

Work History and Education


At Stevenson Doell, Declan works primarily in the areas of Family Law, Criminal Defence and Driving Law.

Declan also works extensively with B. Rory B. Morahan of Morahan and Company Law Offices as co-counsel on complex Criminal Defence files (i.e. PPT and manslaughter) and Family Law files.

Declan has appeared before the Provincial Court of British Columbia, the Supreme Court of British Columbia and the Court of Appeal for British Columbia.

Declan takes a very client centered approach to all of his files regardless of the individual file’s complexity. Each client is provided with options that are custom tailored to the unique facts of their case, their strategic objectives and the applicable law.

Declan was called to the Bar of British Columbia in 2018.

Declan obtained his Juris Doctor (J.D.) degree from the Faculty of Law at the University of Alberta in 2017.

Declan obtained his Bachelor of Kinesiology (B.Kin.), Class I Standing, degree from the School of Kinesiology, Faculty of Education, at the University of British Columbia with a Minor of Science in Psychology in 2014.


Family Law


Overview

Declan has practiced in the area of Family Law since he joined Stevenson Doell and has tirelessly advocated for clients in all types of Family Law cases ranging from custody issues to division of assets.

Declan has experience dealing with all issues that arise upon the breakdown of a marriage or common law relationship including:

  • Separation and divorce;
  • custody and access (Divorce Act);
  • guardianship, parenting arrangements, parenting time and contact (Family Law Act (the “FLA”));
  • child support and payment of children’s special expenses;
  • spousal support;
  • relocation;
  • protection of a party or a child from family violence;
  • division of family property, excluded property and family debt;
  • preservation of family property;
  • entitlement to an interest in assets under equitable principles and the law of trusts;
  • variation, enforcement and setting aside of existing court orders; and
  • enforcements and setting aside agreements.

Declan has experience dealing with “high conflict” Family Law cases and cases where the other party refuses to meaningfully participate.

Declan has successfully resolved Family Law matters both inside and outside of the courtroom.

On Family Law matters, Declan serves South Vancouver Island from Victoria to Nanaimo but has taken on files from across British Columbia.


Criminal Defence


Overview

Declan has practiced in the area of Criminal Defence since he joined Stevenson Doell.

Every criminal charge, no matter how minor, is a serious matter and you deserve serious defence.

Declan is passionate about defending those charged with, or under investigation for, offences and fighting to ensure that their rights under the Charter of Rights and Freedoms are protected and upheld.

Declan will professionally defend you and advance “every defence that the law of the land permits, to the end that no person will be convicted except by due process of law.” 1

Declan has experience and training in all aspects of criminal defence from the initial interview with a client to negotiating with Crown Counsel to representing clients at trial.

Declan has worked on a wide range of files ranging from relatively minor offences to the most serious offences proceeding by way of direct indictment under the Controlled Drugs and Substances Act and the Criminal Code.

On Criminal Defence, Declan serves the entirety of Vancouver Island (from Victoria to Port Hardy) as well as Powell River. Depending on the client and the case, Declan may take on files anywhere in British Columbia.


Important Notices

In the event that you are detained, arrested, searched, investigated and or asked to speak with or consent to do anything by the police or other law enforcement agency:

  • 1. REFUSE (other than to identify yourself); and
  • 2. INSIST that you be allowed to first speak with a criminal defence lawyer.

1. Excerpt from rule 2.1-3(f) the Law Society of British Columbia’s Code of Professional Conduct for British Columbia.


Driving Law


Overview

Driving and traffic offences come with fines, Driver Penalty Points and other penalties. Further, and can have significant financial and practical consequences on drivers.

In addition to fines and Driver Penalty Points, consequences can include but are not limited to the Driver Penalty Points Premium, the Driver Risk Premium and the loss of driving privileges.

Declan has experience defending in court numerous offences under the Motor Vehicle Act and Motor Vehicle Act Regulations and has a special interest in defending speeding related and distracted driving related offences.

On Driving Law matters, Declan serves South Vancouver Island from Victoria to Nanaimo but has taken on files from across British Columbia.

Declan also has experience disputing various types of Driving Prohibitions issued under the Motor Vehicle Act including the following:

  • Notices of Intent to Prohibit;
  • Notices of Prohibition;
  • Notice of Cancellation; and
  • Notices to Cancel Driver’s License - Driver Medical Fitness.

At the initial stage, these disputes are typically called Applications for Review and are completed by submitting written submissions to RoadSafetyBC.