In April 2018 the Saskatoon Police Service (“SPS”) commenced an investigation into the alleged drug trafficking activities of a local target we’ll call NNN. The police conducted surveillance on NNN throughout April and May 2018 during which they observed meetings of short duration consistent with (in the opinion of the police) drug trafficking.
Towards the end of May 2018 the police, while conducting surveillance on NNN, watched him return to his home in downtown Saskatoon. NNN then left his home and stood outside as if waiting for someone. Minutes later, WDW (our client) approached NNN carrying a red and black Goodlife Fitness bag. NNN and WDW entered NNN’s home.
Approximately 10 minutes later WDW, still carrying the Goodlife Fitness bag, left the home with NNN. They entered a SUV, the police lost continuity of the vehicle and when they regained continuity WDW was the lone occupant and driver of the SUV.
The drug investigators conducting surveillance directed a uniformed member of the SPS to stop the SUV, arrest WDW for drug trafficking and to search the vehicle. A search of the vehicle revealed the presence of the Goodlife Fitness bag (containing $104,000 cash) and small quantities of cocaine.
As WDW was being processed back at the police station, drug investigators obtained a warrant to search the home he had entered (NNN’s home) where they ultimately seized two “bricks” (kilograms) of cocaine as well as a significant amount of cash.
As a consequence of the foregoing, WDW was charged with the following offences:
- Possession of cocaine for the purpose of trafficking contrary to Section 5(2) of the Controlled Drugs and Substances Act.
- Possessing proceeds of crime contrary to Section 354 of the Criminal Code.
As WDW was facing the prospect of several years imprisonment IF convicted, he retained the legal services of Patrick Fagan to defend this most serious prosecution. Patrick Fagan entered an election of trial by way of Provincial Court Judge and scheduled the matter for a full week trial.
Bottom Line: Several days prior to the commencement of trial proceedings, the Crown conceded the “strength” of Patrick Fagan’s constitutional arguments and the entire prosecution was successfully resolved by way of the entry of a Stay of proceedings on ALL charges.