Regina v. Taylor 2014 SCC 50
Regina v Juan Cortez
1. Regina v. PS [Saskatchewan, Court of Queen’s Bench Swift Current – January 2014]
On October 21, 2011 a uniformed member of the RCMP observed an eastbound vehicle on Highway #1 just east of Swift Current. PS was the driver and sole occupant of the vehicle and according to the constable he decided to conduct a traffic stop to check for license/vehicle particulars and driver sobriety/fatigue. TRANSLATION: this was a classic Pipeline/Interdiction roadside stop. Well. . . one thing led to another other, officers were summoned to the scene, a police service dog was …
2. Regina v. M.A.G. [Court of Queen’s Bench Alberta, Calgary – February 2014]
In March 2010 members of the Calgary Police Service (CPS) were involved in an undercover operation called “Dances with Wolves” during which they targeted a so-called dial-a-dope drug trafficking ring. The police engaged in multiple undercover purchases of cocaine and one of the traffickers lead the police to residential premises associated with MAG. According to the police those residential premises operated as a “stash” house. After extensive surveillance on the targeted premises the police obtained a warrant to search the …
3. Regina v. G.R. [Provincial Court of Alberta, Calgary – February 2014]
In August 2012 members of the Calgary Police Service (CPS) Operations Team were involved in a dial-a-dope operation entitled “ECHO”. The police conducted extensive surveillance during which our client was observed engaged in multiple meets of short duration consistent with (according to the police) drug transactions. Surveillance also led the police to believe that the residential premises of GR were being used as a “stash” house. As a consequence of the foregoing the police detained and searched GR after observing …
4. Regina v. O.H. [Provincial Court of Alberta, Calgary – February 2014]
In January 2013 members of the “Green Team South” received a crime stoppers tip that a marijuana grow operation may exist at specified residential premises. The police thereafter conducted an in-depth investigation involving surveillance and the installation of two Digital Recording Ammeters (DRAs) to the power lines supplying the residence. According to the police the DRA results depicted a pattern of power consumption consistent with a marijuana grow operation. The police obtained and executed a warrant to search the premises …
5. Regina v. J.O.N.[Provincial Court of Alberta, Canmore – February 2014]
JON was the proprietor of a business which (according to the police) sold items used for the consumption of illegal drugs including marijuana pipes, bongs, bud grinders, vaporizers, digital weigh scales, packaging and scent proof containers. The police targeted this “head-shop” and after a number of attendances on the business premises for investigative purposes they sought a warrant to search for drug related items. Subsequent to those seizures JON was charged with two counts of selling instruments intended for the …
6. Regina v. D.H.D. [Provincial Court of Alberta, Calgary – March 2014]
DHD arrived in Calgary from Vancouver on a Greyhound bus. Undercover police “profiled” DHD and confronted him in the bus station lobby. A scripted Q&A followed which lead to a so-called “consent” search of his checked bag. The search revealed the presence of approximately 220 individually wrapped pieces of crack cocaine. DHD was arrested and charged with possession of cocaine for the purpose of trafficking. We rejected the Crown’s unsolicited offer of a 2 year jail term. Bottom Line: the …
7. Regina v. M.I.R. [Provincial Court of Alberta, Airdrie – March 2014]
RCMP received information that MIR was selling marijuana in Airdrie. The police conducted surveillance on MIR and he was observed to be engaged in meetings of short duration which were consistent (according to the police) with drug trafficking. The police arrested one of the persons who met with MIR and seized from that person a quantity of marijuana. That person readily provided the police with a statement implicating MIR as a seller/trafficker of marijuana. The police immediately thereafter arrested MIR. …
8. Regina v. C.A.A.M. [Provincial Court of Alberta, Calgary – March 2014]
CAAM was the target of a sophisticated well conducted investigation by the Alberta Law Enforcement Response Team (“ALERT”) involving members of the Calgary Police Service and the RCMP. CAAM was observed during the course of surveillance to be engaged in activity which (according to the police) was consistent with moving large quantities of cocaine. Investigators waited for the right moment, moved in and found CAAM in possession of 5 kilograms of cocaine (with an estimated street value of $250,000.00) in …
9. Regina v. T.B. [Provincial Court of Alberta, Fort Vermillion – March 2014]
An unstable adult male purchased a rifle from a local firearms dealer and thereafter used that firearm to commit suicide. The police conducted an investigation germane to the suicide and traced the firearm back to the local dealer. The police determined that the dealer did not have the lawful authority (ie: a “PAL”) to acquire and sell firearms nor did that person confirm that the purchaser (deceased) was authorized to receive it. During intensive police interrogation of the dealer he …
10. Regina v. A.S.R. [Provincial Court of Alberta, Canmore – May 2014]
ASR was driving a vehicle on Highway #1 near Lake Louise when he was pulled over by the RCMP for having a “dirty license plate”. TRANSLATION: this was a classic Pipeline Drug Interdiction profiling stop. After engaging ASR in a scripted Q&A and making a number of observations of purported investigative significance (rental car, heightened nervousness, messy car interior) the police ran ASR on the system and discovered that he had been charged years ago (but never convicted) of trafficking. …
1. Regina v. D.D.D. [Provincial Court of Alberta, Calgary – January 2014]
Regina v. D.D.D. [Provincial Court of Alberta, Calgary – January 2014] Client charged with impaired driving and refusing to provide breath samples after rear ending a vehicle at an intersection. Patrick Fagan entered pleas of not guilty to all charges and scheduled a trial. Bottom Line: The Crown withdrew the refusal charge on the strength of our Charter notice and a verdict of not guilty was entered at the conclusion of trial proceedings on the remaining charge of impaired driving.
11. Regina v. N.T.C. [Court of Queen’s Bench of Alberta, Calgary – May 2014]
2. Regina v. W.S.S. [Provincial Court of Alberta, Calgary – January 2014]
WSS charged with impaired driving and refusing to provide samples of her breath into the intoxilyzer. According to the police WSS lost control of her vehicle and ran over a stop sign. The police claimed that WSS smelled strongly of alcohol, had slurred speech, was unsteady on her feet and swayed from side to side. The police stated that WSS was extremely uncooperative. Patrick Fagan entered pleas of not guilty to all charges and a scheduled a trial. Bottom Line: …
12. Regina v. P.K.H. [Court of Queen’s Bench of Alberta, Calgary – May 2014]
3. Regina v. T.D.B. [Provincial Court of Alberta, Calgary – February 2014]
Client charged with impaired driving and over .08. The police found T.D.B. asleep at the wheel in the middle of the road with the vehicle running. The police formed the opinion that his ability to operate a motor vehicle was impaired by alcohol and escorted him to the station where they discover that his blood alcohol level is over twice the legal limit. Patrick Fagan entered pleas of not guilty to both charges and scheduled a trial. Bottom Line: At …
13. Regina v. J.H.M. [Court of Queen’s Bench of Alberta, Calgary – June 2014]
JHM was the target of an undercover operation entitled “Heavyweight”. During the course of the operation JHM sold cocaine to an undercover officer on 9 occasions over the course of a four month period. The amounts sold ranged from an “eight-ball” to half ounces. A search of JHM’s vehicle revealed the presence of approximately 1 ounce of cocaine separated into 16 baggies. A search of the residence of JHM revealed the presence of an additional 200 grams of cocaine, 170 …
