Client was apprehended while speeding in the City of Calgary. The police immediately detected the scent of what they believed to be green or raw marijuana whereupon they arrested our client and conducted a search of the motor vehicle. As a consequence of that search the police seized over half a pound of cannabis marijuana packaged in multiple baggies. Our client was charged with possession of marijuana for the purpose of trafficking, possession of cannabis resin and two counts of …
24. Regina v. D.V. [Provincial Court of Alberta, Calgary – October, 2010]
Client was rolling down Deerfoot Trial when his vehicle caught fire and ultimately burned to a crisp at roadside. To make our client’s day just a little bit worse two off-duty peace officers arrived on the scene and claim to have observed our client hide a large quantity of cocaine (approximately half a pound) in the ditch adjacent to the vehicular barbeque. We elected trial by Queen’s Bench and scheduled a preliminary inquiry. At the preliminary inquiry both peace officers …
25. Regina v. S.J. [Provincial Court of Alberta, Calgary — November, 2010]
Client was subjected to something called an “ion scan” at the U.S. border which supposedly tested positive for cocaine. About a month later the police obtained a search warrant and with the assistance of the tactical team entered the home of our client in search of “firearms”. As matters turned out despite an exhaustive search by the authorities the police found no drugs and no firearms. What they did find was approximately $50,000.00 in cold hard cash. Consequently, the police …
26. Regina v. D.T. [Court of Queen’s Bench of Alberta, Edmonton – November, 2010]
Client was the primary target of the Edmonton Police Service Gang Unit relative to alleged cocaine trafficking. As a consequence of ongoing surveillance our client was apprehended at a “meet” involving approximately $8,000.00 in cash and close to a pound of cocaine. Client was charged with possession of cocaine for the purpose of trafficking, possessing proceeds of crime and various weapons offences. The matter was scheduled for trial and on day 1 of trial proceedings the case was resolved by …
27. Regina v. J.P. [Provincial Court of Alberta, Calgary – November, 2010]
Client was the front passenger in a motor vehicle containing 3 persons which was the target of surveillance by the police. As a result of observations made by the police they stopped the vehicle, searched the vehicle (and its occupants) and seized a quantity of crack cocaine and cash. In our opinion J.P. should have never been charged in the first place but be that as it may we elected trial by way of the Court of Queen’s Bench of …
Regina v. K.R.R. [Provincial Court – November 2010]
KRR was an executive with a multi-national corporation based in the United States. While on a business trip to Canada he spent an evening with his estranged sister; the two had not been raised together nor had they laid eyes on one another for many years. Their reunion over dinner and drinks ended up in a prosecution against KRR for sexual assault and incest. Due to the aggravating nature of the allegations and the fact that KRR resided in the …
Regina v. A.B.C. [Provincial Court – November 2010]
ABC found himself in the unenviable position of being charged with touching his roommate’s child for a sexual purpose. ABC was a young man in his late twenties who had never been in trouble with the police before and was (understandably) exceedingly distraught at the allegations. A pre-trial investigation conducted by Patrick Fagan revealed a number of serious shortcomings in the case for the prosecution. For example, the alleged victim had an established history of wrongful accusations and a propensity …
Regina v. J.W.R [Provincial Court – April 2010]
JWR was a middle aged married man with two young children. His wife, suspicious of infidelity, filed for divorce and accused him of sexual assault. JWR was charged with sexually assaulting his wife, removed from the matrimonial home and ordered to have no contact with his wife or their two children. JWR, appalled at the allegations and separation from his children, retained Patrick Fagan who entered pleas of not guilty to both charges. A trial was held during which JWR’s …
1. Regina v. M.V. [Calgary Court of Queen’s Bench of Alberta, January 2009]
Client charged with possession of cocaine for the purpose of trafficking (35 grams packaged in multiple units), simple possession of marijuana, proceeds of crime and breach of a recognizance. Client was a driver of a motor vehicle which was searched without warrant by the police. At the conclusion of trial proceedings in the Court of Queen’s Bench of Alberta the trial Justice found M.V. to be not guilty of all drug charges. Client was found guilty of the least serious …
2. Regina v. M.V. [Calgary Provincial Court, February 2009]
Client (same individual as above) charged with possession of cocaine for the purpose of trafficking and proceeds of crime as a consequence of a police search of a motor vehicle. All charges dismissed by the attending Provincial Court Judge at trial as a consequence of Crown witness problems.
3. Regina v. J.H. [Calgary Provincial Court, February 2009]
Client charged with possession of ecstacy for the purpose of trafficking (123 tablets). At trial client convicted of simple possession of ecstacy and the matter resolved by way of fine.
4. Regina v. P.N. [Saskatchewan Provincial Court, Moose Jaw, March 2009]
Client charged with possession of cocaine for the purpose of trafficking (2 kilograms) as a consequence of a so-called “pipeline” stop by the R.C.M.P. on the Trans Canada Highway. Crown entered a stay of proceedings on day 1 of the Preliminary Inquiry as a consequence of unsurmountable constitutional search and seizure issues.
5. Regina v. M.N. [Calgary Provincial Court, May 2009]
As a consequence of a warrant to search executed by the police on residential premises they seized ammunition, drug trafficking paraphernalia, body amour and weapons. Client was charged with possession of marijuana, weapons offences, proceeds and two counts of breaching a court order. The search and seizure was challenged on constitutional grounds and all charges were ultimately withdrawn.
6. Regina v. G.C. [Grande Prairie Court of Queen’s Bench, May 2009]
Client charged with possession of cocaine for the purpose of trafficking (7 ounces) as a consequence of a police search of client’s motor vehicle. This was another so-called “pipeline” search premised on ostensibly spurious grounds. The police were cross-examined at length at the Preliminary Inquiry held in Fox Creek following which client was committed to stand trial in the Court of Queen’s Bench of Alberta, Grande Prairie. The search and seizure was challenged on constitutional grounds and with the aid …
7. Regina v. D.S. [Calgary Provincial Court, May 2009]
Client charged with possession of cocaine for the purpose of trafficking as a consequence of a concerned citizens observations of a stash location. Crown witnesses were cross-examined at length during the preliminary inquiry. At the end of the day the prosecutor conceded the problematic nature of its case and entered a stay of proceedings.
8. Regina v. KK [British Columbia Supreme Court, Kamploops – July 2009]
Client charged with possession of cocaine (approximately nine ounces) for the purpose of trafficking as a consequence of police search of client’s home with warrant. Notwithstanding the sizeable amount of cocaine seized our client managed to avoid a jail term and the matter was resolved by way of a Conditional Sentence Order (curfew) of one year.
9. Regina v. G&G [Court of Queen’s Bench of Alberta, Calgary – September 2009]
Clients (brothers) charged with possession of cocaine (approximately two kilograms) for the purpose of trafficking and proceeds of crime (approximately $40,000.00 cash) as a consequence of police search of their motor vehicle. As a consequence of cross-examination of the police by the defence at the preliminary inquiry it was determined that certain officers were less than forthcoming (to put it delicately) in their sworn testimonies concerning the actual facts surrounding the search and seizure. As a consequence of the foregoing …
10. Regina v. H.H. [Court of Queen’s Bench of Alberta, Calgary – September 2009]
Client was the primary target of a five month police investigation resulting in two counts of trafficking in cocaine, one count of possession for the purpose of trafficking and the seizure of in excess of five kilograms of cocaine. Client was accused of selling one ounce on the first occasion, two kilograms of cocaine on the second occasion and being in possession of three kilograms on the third. At the conclusion of Q.B. trial proceedings the learned trial Justice entered …
11. Regina v. K.L. [Provincial Court of Alberta, Calgary – December 2009]
Client charged with possession of marijuana for the purpose of trafficking as a consequence of police seizure of multiple pounds of marijuana and grow paraphernalia from a van driven by client. Case defended by challenging the constitutionality of the search, problematic continuity of critical material evidence and problematic service of the certificates of analysis. At trial all charges were completely dismissed and all seized property recovered.
12. Regina v. T.W. [Provincial Court of Alberta, Calgary – December 2009]
Client charged with possession of cocaine for the purpose of trafficking, proceeds of crime and possession of stolen property. Client “high” on crack cocaine crashes stolen vehicle into yard of Calgary residence where police seize various items including substantial cash, scales, score sheets and multiple “teardrops” of cocaine. During the first day of trial the Crown closed its case and the defense moved for a directed verdict. The learned trial judge reserved his ruling on the application until day two …