Police seized a large quantity of cocaine (8 Kilograms) from a vehicle being driven by J.M. resulting in a prosecution for the possession of cocaine for the purpose of trafficking, proceeds of crime and the seizure of J.M.’s BMW. Defense review and analysis of Crown disclosure revealed that police were less than forthcoming/candid with the Judge who issued the warrant to search resulting in a successful challenge to the lawfulness of the search and seizure. All charges successfully resolved by …
10. Regina v. M.M. & L.E. [Calgary PC, Oct. 2007]
MM was subject to a bail order which contained a geographical restriction. The police observed MM in breach of this condition and promptly placed him under arrest. A search of MM incidental to arrest revealed the presence of 8 individually wrapped packages of cocaine and approximately $500.00 cash. MM was charged with possession of cocaine for the purpose of trafficking, possessing proceeds of crime and breach of recognizance. Bottom Line: Through negotiation with the Crown the matter was ultimately resolved …
11. Regina v. A.G. [Medicine Hat Court of Queen’s Bench, Oct., 2007]
Client charged with possession of marijuana for the purpose of trafficking as a consequence of a search of his motor vehicle during a “routine” traffic stop. The search resulted in the seizure of a large quantity (multiple kilograms) of marijuana. The police seized client’s Sequoia as proceeds of crime. The search was successfully challenged on constitution grounds and a stay of proceedings was entered on all charges. The Sequoia was recovered and returned to A.G.
12. Regina v. H.L. [Court of Queen’s Bench of Alberta, Oct., 2007]
Client charged with cultivation of marijuana and possession of marijuana for the purpose of trafficking as a consequence of police search of residential premises resulting in the seizure of a very large grow operation. This prosecution proceeded through Preliminary Inquiry to trial in the Court of Queen’s Bench of Alberta where the warrant to search was successfully challenged on constitutional grounds, all material evidence excluded and not guilty verdicts entered on all charges.
13. Regina v. A.P. [Calgary PC, October, 2007]
Police search of vehicle occupied by A.P. resulted in a prosecution for possession of LSD for the purpose of trafficking, possession of ecstasy for the purpose of trafficking, possession of cocaine for the purpose of trafficking and proceeds of crime. Matter successfully resolved at Preliminary Inquiry by way of simple possession and a fine.
14. Regina v. C.A.H. [Banff PC, December, 2007]
Client charged with possession of cocaine (one ounce) for the purpose of trafficking and simple possession of marijuana as a consequence of the police search of his motor vehicle. The validity of the police search and seizure was challenged on constitutional grounds and the prosecution was successfully resolved by way of a entry of a stay of proceedings of all charges at Preliminary Inquiry.
15. Regina v. D.E. [Calgary PC, December 2007]
DE was charged with possession of cocaine for the purpose of trafficking and possession of ecstasy for the purpose of trafficking as a consequence of a police search of his motor vehicle. Patrick Fagan challenged the constitutional validity of the police search and seizure and the entire matter was ultimately resolved by way of a guilty plea to simple possession and small fines.
1. Regina v. A.P. [NWT Supreme Court, Jan. 2006]
Client charged with possession of 2 ounces of cocaine for the purpose of trafficking as a consequence of a controlled postal delivery and subsequent surveillance and search of client’s vehicle. Admissibility of evidence was challenged on constitutional grounds and a stay of proceedings entered on all charges after Preliminary Inquiry and on the verge of trial proceedings.
2. Regina v. P.F. [Cochrane PC, Feb., 2006]
Client charged with trafficking cocaine to a civilian who is subsequently apprehended and provides a statement to police implicating client. Charge reduced to simple possession prior to trial and matter resolved by way of a fine.
3. Regina v. S.D. [B.C. PC, Feb., 2006]
Client charged with possession of cannabis marijuana as a consequence of a police search of his motor vehicle. All charges completely withdrawn prior to the commencement of trial proceedings.
4. Regina v. J.S. [Lethbridge PC, March, 2006]
Client charged with possession of cocaine for the purpose of trafficking, possession of stolen property and proceeds of crime as a result of the police search of residential premises. Stay of proceedings entered prior to trial.
5. Regina v. M.K. [Cochrane PC, March, 2006]
Client charged with possession of marijuana and illegal possession of a firearm. Admissibility of evidence challenged on constitutional grounds; all charges eventually withdrawn.
6. Regina v. L.H. [Peace River PC, May, 2006]
Client charged with possession of cocaine and marijuana for the purpose of trafficking as a consequence of a police search of client’s vehicle. Matter resolved through negotiation prior to trial by way of simple possession and a fine.
7. Regina v. R.W. [Calgary PC, May, 2006]
Client charged with trafficking cocaine, possession of marijuana, possession of a loaded firearm and possession of an unregistered firearm and proceeds of crime. Matter was ultimately resolved by way of simple possession and a fine was imposed.
8. Regina v. K.P. [Calgary PC, Dec., 2006]
Client charged with possession of cocaine for the purpose of trafficking and proceeds of crime as a consequence of seizure of ten ounces of cocaine and cash from residential premises. The matter was ultimately resolved by way of a complete withdrawal of all charges.
9. Regina v. S.D. [B.C. PC, Feb., 2006]
Client charged with possession of multiple kilograms of cannabis marijuana for the purpose of trafficking as a consequence of a police search of his motor vehicle. All charges completely withdrawn prior to the commencement of trial proceedings.
10. Regina v. B.B.B.
Application to exclude investigative observation of the police during the course of a section 487.01 Criminal Code covert entry of a hotel room. Evidence excluded of a consequence of non-compliance with a statutory imperative.
For an offical transcript of the judgement click here.
1. Regina v. D.W. [Calgary Prov. Crt. – Jan. 2005]
Trafficking in a street level quantity of crack cocaine. [second win for this particular client]
2. Regina v. E.K. [Calgary Prov. Crt. – Mar. 2005]
Possession of Cocaine (multi-ounce level) for the Purpose of Trafficking and Proceeds of Crime. Legality of seizure from motor vehicle successfully challenged on constitutional grounds. All charges withdrawn and judicial order obtained directing return of seized money.
3. Regina v. W.J. et al [Ont. Prov. Crt – April 2005]
Possession of Cocaine (two kilograms) for the Purpose of Trafficking. Warrantless search of vehicle. Client discharged at conclusion of Preliminary Inquiry.
