The Calgary Police Service (“CPS”) Drug Unit received information from a reliable confidential source that G.J.M. and a multitude of others were actively involved in a “Dial-a-Dope” cocaine trafficking enterprise. Fixed with this information, the police deployed an undercover team to arrange a meeting with G.J.M. to facilitate a cocaine transaction. The efforts of the police in this regard were successful and an undercover officer purchased street level quantities of cocaine from G.J.M. on at least 3 separate occasions over the course of several weeks. As a consequence of the foregoing, G.J.M. was arrested and charged with the following offences:
– 3 counts of trafficking in cocaine contrary to Section 5(1) of the Controlled Drugs and Substances Act (“CDS A”) .
– 3 counts of possessing Proceeds of Crime contrary to Section 355(b) of the Criminal Code.
– Breach of recognizance contrary to Section 145(3) of the Criminal Code [G.J.M. was already out on bail in relation to unrelated charges at the time of the drug transactions].
The police put a lot of time and effort into the undercover operation and the case for the prosecution against G.J.M. appeared to be compelling in the extreme. Why? Not only was each and every undercover cocaine transaction in question covered by an entire investigative team but the police had the presence of mind to actually surreptitiously film each transaction. This evidence rendered any defence based on misidentification “pie in the sky” at best.
Given the existing state of the law, G.J.M. was faced with only 2 alternatives – plead guilty and serve a lengthy term of imprisonment in a federal institution or “fight”. G.J.M. chose to fight and retained the services of Patrick Fagan to defend this most serious prosecution. Patrick Fagan entered an election of trial by way of Queen’s Bench and scheduled a preliminary inquiry.
Bottom Line: Within 24 hours of commencement of the preliminary inquiry Patrick Fagan was successful in killing this prosecution in its entirety by way of the entry of a stay of proceedings .