3. Regina v. N.A.R. [Provincial Court – April 2015]

The police observed NAR engaged in a meeting of short duration consistent with (according to the police) a drug transaction. Consequently, the police conducted a traffic stop of NAR’s vehicle and requested that he produce identification. NAR provided the police with a wallet containing his Corrections Canada Prisoner Identification, approximately $400.00 cash and 17.2 grams of heroin. Immediately after handing the wallet to the police NAR hit the accelerator and fled the scene. Police pursued, apprehended and arrested NAR.

As a consequence of the foregoing NAR was charged with possession of heroin for the purpose of trafficking, possession of proceeds of crime, possession of stolen property (license plate), dangerous driving and driving while suspended.

Bottom Line: Through forensic testing it was established that the drug in question was “ecstasy” and not “heroin”. This put a different spin on the charge of possession for the purpose of trafficking which ultimately provided Patrick Fagan with just enough leverage to resolve this prosecution by way of a guilty plea to simple possession of ecstasy and a complete withdrawal of all other charges.