Client was the operator of a motor vehicle which was the subject of ongoing surveillance by the police. The police observed what they believed to be activity consistent with drug trafficking so they stopped the vehicle and searched the driver, passenger and interior of the vehicle. As a consequence of that search the police seized a quantity of cocaine and cash which (according to the police) confirmed their belief with respect to drug trafficking. Consequently, our client was charged with …
Regina v. L.F. [Calgary Provincial Court, December 2011]
L.F. was charged with two counts of assault with a weapon; assault causing bodily harm; two counts of uttering threats and two weapons charges as a result of an alleged stabbing. The Crown’s resolution offer of a jail term was promptly rejected. Through the efforts of Ms. Fagan not only did L.F. avoid the imposition of a jail term but the entry of a criminal conviction as well. Bottom line: the matter was dealt with by way of a conditional …
11. Regina v. R.P. [Court of Queen’s Bench of Saskatchewan, Regina – April, 2011]
Client was the subject of an ongoing police investigation involving surveillance, confidential informants and the execution of multiple warrants to search. Client was ultimately charged with trafficking in a controlled substance and possession of proceeds of crime (approximately $85,000.00 cash). We entered an election of trial by way of a Justice of the Court of Queen’s Bench of Saskatchewan sitting without the intervention of a jury and scheduled a preliminary inquiry. At the preliminary inquiry we were successful in securing …
12. Regina v. T.C. [Provincial Court of Alberta, Canmore – April, 2011]
Client was operating a motor vehicle east bound on highway #1 near Lake Louise Alberta when he was pulled over by an RCMP highway patrolman/ drug cop. This highly trained officer employed classic pipeline interdiction methodology which ultimately resulted in a search of our client’s vehicle. As a consequence of that search the police located a suitcase containing 28 ½ pound bags of cannabis marijuana. We rejected an offer of an 18 month conditional sentence order (i.e.: house arrest) in …
13. Regina v. A.K.H. [ Provincial Court of Alberta, Calgary – April, 2011]
As a consequence of an ongoing investigation the police executed a warrant to search residential premises in Calgary where they located approximately 2 kilograms of cocaine as well as a so-called “brick” press, cutting agents, scales, packaging etc. We elected Trial by way of the Court of Queen’s Bench of Alberta and scheduled a date for preliminary inquiry. On day one of the preliminary inquiry this prosecution against A.K.H. was killed/ terminated in its entirety by way of the entry …
14. Regina v, J.A. [Provincial Court of Alberta, Calgary – May, 2011]
Client was pulled over by the police for allegedly making an unsignalled lane change in a so-called “shady” area of the City. The police observed a “bud grinder” so they arrested our client. A subsequent search of our client and the vehicle resulted in the seizure of a small quantity of marijuana and multiple packets (9) of cocaine, a tazer and approximately $580.00 in cash. Client was charged with eight separate criminal offences including possession for the purpose of trafficking …
15. Regina v. T.R. [Provincial Court of Alberta – May, 2011
Client was a passenger of a motor vehicle apprehended by the police as a result of an impaired driving complaint. The police observed a crack pipe protruding from the front passenger seat (where our client was positioned) so they searched the vehicle and occupants. The search of the vehicle revealed the presence of 2 ounces of crack cocaine and paraphernalia. Client was charged with possession of cocaine for the purpose of trafficking, a plea of not guilty was entered and …
16. Regina v. T.S. [Provincial Court of Newfoundland and Labrador – May, 2011]
As a consequence of information received from a so-called reliable confidential source and surveillance conducted by the Royal Newfoundland Constabulary (RNC) client was apprehended at roadside and accused of being in possession of an excess of 100 pounds of cannabis marijuana for the purpose of trafficking. We elected trial by way of a Justice of the Supreme Court of Newfoundland and Labrador and scheduled a preliminary inquiry. At the conclusion of the preliminary inquiry the learned Provincial Court Judge killed/ …
17. Regina v. H.D.N. [Provincial Court of Alberta – June 2011]
Client charged with various offences including production of cocaine, weapons and proceeds as a consequence of the execution of a warrant to search residential premises. We elected trial by way of a Justice of the Court of Queen’s Bench and scheduled a preliminary inquiry. At the conclusion of the preliminary inquiry the prosecution against our client was terminated on all charges by way of the entry of a stay of proceedings.
18. Regina v. C.L. [Provincial Court of Alberta — June 2011]
Client charged with possession of approximately 67 grams of cocaine for the purpose of trafficking, proceeds (over $20,000.00 cash ) and multiple firearms offences (involving two automatic handguns) as a consequence of a police search of a residential premises. We elected trial by way of a Justice of the Court of Queen’s Bench and scheduled a preliminary inquiry. At the preliminary inquiry this most serious prosecution against C. L. was terminated in its entirety by way of an entry of …
19. Regina v. R.D. [Provincial Court of Alberta, Calgary – August 2011]
Client was operating a motor vehicle which was stopped by the police and searched. The police located 17 separate packages of cocaine under the driver’s floor mat, 16 individual bundles of cash and a so-called “score sheet”. Police also seized a cellular phone from our client and answered several incoming calls from persons looking to “buy”. As a consequence of the seizures aforesaid our client was charged with possession of cocaine for the purpose of trafficking and proceeds of crime. …
20. Regina v. D.M. [Provincial Court of Alberta, Drumheller – September, 2011]
The police observed our client operating a motor vehicle and recognized him as a person for whom there were several outstanding arrest warrants. Our client was stopped, arrested and searched. As a consequence of that search the police seized an “8-ball” of cocaine, a bundle of cash and a set of triple beam scales. Our client was charged with possession of cocaine and proceeds of crime. Through negotiation with the Agent for the Federal Department of Justice we were successful …
21. Regina v. S.C. [Provincial Court of Alberta, Okotoks – September, 2011]
Client was seated in the passenger seat of a motor vehicle outside a popular drinking establishment when the police peered through the window and observed a quantity of cocaine. Our client was arrested and as a consequence of the seizure was charged with possession of cocaine and other non-related Criminal Code offences. Our client’s employment was in grave jeopardy as a consequence of the drug charge but as a consequence of a faulty affidavit germane to the service of certificates …
22. Regina v. C.W. [ Provincial Court of Alberta, Red Deer – September 2011]
Police stopped a vehicle operated by our client as a result of a perceived illegal U turn and possible suspect in a domestic assault. When our client was apprehended the police immediately detected the overwhelming scent of fresh marijuana and arrested our client accordingly. A search of our client’s motor vehicle revealed the presence of a quantity of marijuana, a scale, baggies and a “grinder”. The police also seized our client’s cell phone which apparently contained text messages of a …
23. Regina v. R.H. [Provincial Court of Alberta, Calgary – October, 2011]
Client drove into a check stop where the police immediately detected the “overpowering” scent of fresh marijuana. Consequently, the police searched the vehicle and seized a relatively large quantity of marijuana, packaging material and scales. Client was arrested and charged with possession of marijuana for the purpose of trafficking. At trial we challenged the admissibility of the certificate of analysis on the basis of non-compliance with section 52 of the Controlled Drugs and Substances Act. The learned trial judge reserved …
24. Regina v. T.P. [Provincial Court of Alberta, Calgary – October, 2011]
Client was searched by security personnel while seeking to gain entry to a “rave”. As a consequence of that search security personnel seized a large quantity (approximately 70 grams) of oxycodone and turned our client over to the police; the police charged our client with possession of a controlled substance for the purpose of trafficking. Oxycodone is an opiate derivative that is often used as a heroin/ morphine substitute and is viewed very seriously by our Courts – the starting …
25. Regina v. R.C. [Provincial Court of Alberta, Calgary – October, 2011]
Client was the primary target of a Joint Forces Operation (“JFO”) operation involving the RCMP and CPS. As a result of informant information and ongoing police surveillance the police executed a search warrant on our client’s home where they seized cocaine, marijuana, cash and crack cocaine cooking paraphernalia. Client was charged with 7 counts including possession of cocaine for the purpose of trafficking, manufacturing cocaine and possessing proceeds of crime. At the onset of this prosecution the Crown was seeking …
26. Regina v. M.H. [Provincial Court of Alberta, Calgary – November, 2011]
Client stopped for speeding. Police detect the scent of marijuana and detain client. Subsequent search of motor vehicle reveals the presence of a small quantity of marijuana and cocaine; client charged accordingly with two counts of simple possession of a controlled substance. Client’s professional/executive livelihood in grave jeopardy if conviction(s) entered. Through negotiation with prosecuting authority an arrangement was struck whereby both charges completely withdrawn.
27. Regina v. S.K. [Provincial Court of Alberta, Calgary – November , 2011]
Client facing seventeen charges including four counts of trafficking in cocaine (direct hand to hand transactions with the same undercover officer), 6 counts of possessing proceeds of crime, two weapons offences and five counts of possession for the purpose of trafficking (arising from the search by warrant of residential premises and search of a motor vehicle incidental to client’s arrest) relative to various drugs including cocaine, psilocybin and cannabis marijuana. Short of a miracle client “dead in the water” relative …
28. Regina v. P.D. [Provincial Court of Alberta, Calgary – November, 2011]
Client was one of several targets of a six month police investigation involving ongoing surveillance and the ultimate search of multiple residences by way of warrants to search. The police seized substantial quantities of cocaine, cash and related material and our client was charged with possession of cocaine for the purpose of trafficking, proceeds of crime and weapons offences. The matter was scheduled for preliminary inquiry but at the commencement of proceedings we detected a potentially fatal flaw in the …
