24. Regina v. S.S.I. [Provincial Court of Alberta, Calgary – September 2014]

Police conducted a “routine” check on a suspicious vehicle parked in a high-crime area. As they approached the vehicle they detected a strong odor of marijuana whereupon all four occupants of the vehicle (including SSI) were placed under arrest for possession of marijuana. According to the police SSI admitted to just smoking a joint. A police search of the vehicle revealed six individually wrapped baggies of cannabis marijuana; according to the police, SSI claimed ownership of that marijuana. Not surprisingly, the police charged SSI with possession of cannabis marijuana for the purpose of trafficking.

Through negotiation with the Crown Patrick Fagan was successful in having the charge reduced to simple possession of cannabis marijuana. A plea of not guilty was still maintained relative to the reduced charge. Bottom Line: The charge of simple possession is scheduled for complete withdrawal upon the completion of Alternative Measures