1. Regina v. D.H.G. [Court of Queen’s Bench of Alberta, Calgary – January 2015]

The RCMP Crime Reduction Unit received information from a confidential informant that a marijuana grow operation was located at residential premises owned by DHG. The police conducted an investigation utilizing Forward Looking Infra Red (FLIR) technology and the installation of a Digital Recording Ammeter (DRA) which yielded information consistent with the presence of a grow operation. The police obtained a warrant to search the home and prior to entry observed DHG departing the residence so they placed him under arrest. …

2. Regina v. DVT [Court of Queen’s Bench of Alberta, Lethbridge – February 2015]

The police Integrated Intelligence Unit received information that DVT was involved in illegal drug activity so they launched an investigation which included the use of confidential informants, extensive surveillance and the issuance of production orders for cellular communications. The investigation lasted several months and culminated in the arrest of DVT and the execution of a warrant to search on his home. Just prior to the arrest of DVT he was observed to be engaged in a meeting of short duration …

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 …

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

Same client (NAR) as aforesaid but a separate case. NAR was taken into custody relative to various charges including breach of a bail order. While lodged in cells at the local remand center the authorities received information that he was carrying crack cocaine in his rectum. Consequently, prison guards placed NAR in solitary under constant observation. Eventually . . . nature took its course and multiple packets of crack cocaine emanated from the body of NAR onto the floor of …

5. Regina v. R.R.M. [Provincial Court – May 2015]

RRM was the target of a police undercover investigation entitled Operation Titan.  During the course of the operation RRM was alleged to have sold an undercover officer a quantity of cocaine.  RRM was arrested at a later date and charged with trafficking in cocaine. At the onset of the prosecution it looked like RRM was “dead in the water”. Why? The entire drug transaction was captured on a hidden camera carried on the undercover officer.  As RRM was faced with …

6. Regina v. T.C.C. [Court of Queen’s Bench of Alberta – May 2015]

TCC was the target of an RCMP drug investigation that extended over several months.  At the conclusion of the investigation the RCMP executed a warrant to search the home of TCC where they seized multiple pounds of cannabis marijuana valued (according to the police) at $114,255.00, multiple ounces of hashish valued at $18,750.00, digital scales, score sheets and in excess of $10,000.00 cash.  TCC was charged with possession of cannabis marijuana for the purpose of trafficking, possession of cannabis resin …

7. Regina v. H.T.W. [Provincial Court – May 2015]

HTW was charged with impaired driving, operating a motor vehicle over .08 and possession of cannabis marijuana in an amount exceeding 30 grams contrary section 4(1) of the Controlled Drugs and Substances Act. The RCMP observed HTW leave a bar, enter his vehicle and drive away.  The police stopped HTW and arrested him for impaired driving.  A search of HTW’s vehicle incident to arrest revealed the presence of a backpack containing 156 grams of cannabis marijuana.  HTW was returned to …

8. Regina v. S.T.S. [Provincial Court – May 2015]

Police received a complaint that STS was parked at a local Walmart and was in a possession of a “large” quantity of cannabis marijuana. Police searched the vehicle of STS and found 161 grams of marijuana. STS was arrested and charged with possession of cannabis marijuana. While 161 grams of cannabis marijuana is by no means a “large” amount, because of the very lengthy related drug record of STS the Crown was seeking a 4 month period of imprisonment. While …

9. Regina v. M.Z.E. [Provincial Court – June 2015]

MZE was the target of a police undercover investigation entitled Operation Cent. During the course of that operation MZE was alleged to have sold a quantity of cocaine to an undercover officer. MZE was charged with trafficking in cocaine and the Crown was seeking a period of imprisonment of 2 years if resolved by way of an early guilty plea or 3 years imprisonment if a conviction was entered at the conclusion of trial proceedings. To complicate matters, from a …

10. Regina v. C.N.N. [Provincial Court – February 2015]

RCMP observed a vehicle driven by CNN run a red light.  Not surprisingly, CNN was pulled over by the RCMP.   While CNN was being questioned by the RCMP they detected an overwhelming scent of marijuana. A vehicle search located a grinder, glass bong and a backpack containing just under 30 grams of marijuana. CNN was arrested and charged with possession of a controlled substance.  Bottom Line: Patrick Fagan was successful in killing this prosecution by way of a complete …

11. Regina v. S.A.A. [Provincial Court – June 2015]

SAA got in a fight with another motorist which resulted in a bystander calling the police. While enroute to the scene the police observed SAA pass them in his motor vehicle. The police activated their emergency lights and engaged in a pursuit of SAA. SAA slowed, pulled to the side of the road and (while his vehicle was still moving forward) jumped from his vehicle and took flight. SAA’s vehicle came to a halt against a curb half way down …

12. Regina v. C.M.S. [Provincial Court – June 2015]

The RCMP observed CMS operating a motor vehicle eastbound on highway #1. According to the police, they stopped CMS because his license plate was obscured by road dirt.  TRANSLATION: This was a pipeline/interdiction “profiling” drug stop.  Of course the police don’t bother to tell CMS that he is the subject of a pipeline drug stop. Rather, they proceed to engage him in a scripted Q & A designed to lay the foundation for a reasonable suspicion vis a vis the …

13. Regina v. G.R.R. [Provincial Court – June 2015]

GRR and his brother were the targets of a police undercover investigation that extended over the course of several months.  The investigation encompassed the use of production orders germane to communication by text message, the interception of text messages, extensive surveillance, undercover meetings, photographs and recorded drug conversations, etc, etc. GRR was ultimately charged with a multitude of drug offences including conspiracy to traffic in cocaine, trafficking in multiple kilograms of marijuana and possession of proceeds of crime. A Crown …

14. Regina v. S.S.S. [Court of Queen’s Bench of Alberta, Calgary – June 2015]

Drug Charges: 1) Possession of cocaine for the purpose of trafficking. 2) Possession of cannabis resin for the purpose of trafficking. 3) Possession of ketamine for the purpose of trafficking. 4) Possession of cannabis marijuana for the purpose of trafficking. 5) Possession of TFMP for the purpose of trafficking. 6) Possession of lorazepam. 7) Possession of proceeds of crime exceeding $5,000.00. 8) Possession of a machete for a purpose dangerous to the public peace. 9) Possession of morphine. SSS was …

15. Regina v. M.D.J. [Provincial Court – July 2015]

Drug Charges: 1) Possession of cocaine for the purpose of trafficking. 2) Possess proceeds of crime. MDJ had been staying at a hotel for an extended period of time. During the course of a routine cleaning of the room housekeeping observed a number of suspicious items which they reported to management – management called the police. The police attended the hotel, searched the “vacant” room and located a quantity of cocaine along with multiple scales, packaging material, cutting agents and …

16. Regina v. B.K.D.S. [Provincial Court, Grande Prairie – July 2015]

DRUG CHARGES: 1) Trafficking in cocaine 2) Trafficking in ecstasy 3) Trafficking in ecstasy 4) Possession of ecstasy for the purpose of trafficking 5) Possession of cannabis marijuana for the purpose of trafficking 6) Possession of psilocybin for the purpose of trafficking 7) Possess proceeds of crime 8) Possess a prohibited weapon BKDS is alleged to have sold cocaine and ecstasy to two separate undercover officers of the RCMP on multiple occasions. A subsequent search by warrant on the residence …

17. Regina v. K.A.O. [Provincial Court, Creston British Columbia – July 2015]

DRUG CHARGES: 1) Possession of ecstasy for the purpose of trafficking 2) Possession of psilocybin for the purpose of trafficking 3) Possession of LSD for the purpose of trafficking 4) Possession of cannabis marijuana 5) Possession of cannabis resin While enroute to the Shamballa music festival in Selmo, British Columbia, KAO and his band of confederates got lost and mistakenly drove to the US border. They positioned their vehicle in a parking lot (without attending the border gate) and entered …

18. Regina v. R.S.S. [Provincial Court, Calgary – July 2015]

DRUG CHARGES: 1) Possession of crack cocaine for the purpose of trafficking 2) Possession of proceeds of crime The Guns & Gang Unit executed a drug warrant on residential premises associate to RSS. The police seized in excess of 40 grams of cocaine and approximately $4,000.00 cash. According to the police the cocaine was packaged in small amounts consistent with trafficking. In addition to the foregoing the police had conducted surveillance on RSS during which they observed multiple meetings of …

19. Regina v. B.G.G. [Provincial Court, Calgary – August 2015]

DRUG CHARGE: 1) Possession of cocaine BGG was a passenger in a vehicle which had been stopped for speeding. BGG, as a mere passenger, refused to provide identification to the police or answer any of their questions. The police arrested BGG for obstruction and a subsequent search of his person revealed the presence of several grams of cocaine. Bottom Line: The Crown wisely conceded the problematic nature (from a constitutional perspective) of the arrest and search of BGG and the …

20. Regina v. P.T.T. [Calgary Provincial Court – September 2015]

DRUG CHARGE: 1) Possession of cannabis marijuana PTT was stopped by police for not wearing a seatbelt. When the police attended the vehicle they immediately detected the strong scent of fresh marijuana. The police arrested PTT and a subsequent search of the truck revealed the presence of approximately 10 grams of marijuana. The police charged PTT accordingly. Bottom Line: Patrick Fagan arranged to have the charge completely withdrawn.