Cases At A Glance
RCMP Pipeline (Drug Interdiction) Cases
Regina v. C.M.S. [Banff & Canmore – June 2015]
CHARGE:
Possession of cannabis marijuana for the purpose of trafficking.
According to the RCMP, CMS was stopped because his license plate was obscured by road dirt. The RCMP ultimately deployed a drug dog and seized approximately 1 pound of cannabis marijuana and a cellular phone containing text messages indicative of trafficking. Patrick Fagan was successful in resolving this prosecution by way of “simple” possession of cannabis marijuana.
Regina v. E.E.E. [Banff & Canmore – September 2015]
CHARGES:
1) Possession of cannabis marijuana for the purpose of trafficking.
2) Possess proceeds of crime.
This was a classic “Pipeline” highway investigation conducted under the guise of a traffic stop. A search of EEE’s vehicle resulted in the seizure of approximately 18 pounds of marijuana and $1,000.00 cash. On the date scheduled for trial Patrick Fagan was successful in resolving this matter by way of a complete withdrawal of the proceeds charge and the imposition of a conditional sentence order.
Regina v. A.S.R. [Banff & Canmore – May 2014]
CHARGES:
5 counts of possession of a controlled substance for the purpose of trafficking.
This is yet another RCMP “dirty license plate” traffic stop. A subsequent search resulted in the seizure of over half a kilogram of ecstasy, multiple kilos of cannabis marijuana and other drugs. Patrick Fagan was successful in resolving this prosecution by way of a stay of proceedings.
Regina v. S.B. & P.P. [Banff & Canmore – 2013]
CHARGES:
Possession of cannabis marijuana
According to the RCMP, the reason for the stop was “tinting and mud flap” concerns. The police ultimately seized several ounces of cannabis marijuana. Patrick Fagan was successful in have all charges completely withdrawn.
Regina v. B.S. [Banff & Canmore – 2013]
CHARGES:
1) Possession of psilocybin for the purpose of trafficking.
2) Possess proceeds of crime.
According to the RCMP, BS was stopped for not maintaining his lane of travel – of course, no traffic charge was ever laid. The police did seize a substantial quantity of psilocybin and cash. Patrick Fagan was successful in resolving this matter by way of simple possession of a controlled substance.
Regina v. N.R.G. [Banff & Canmore – 2013]
CHARGES:
1) Possession of crack cocaine for the purpose of trafficking.
2) Possession of morphine for the purpose of trafficking.
3) Possess proceeds of crime.
The RCMP stopped NRG for an alleged traffic related matter for which (not surprisingly) he was never charged. As a consequence of the seizure of various drugs NRG was charged. Patrick Fagan was ultimately successful in resolving this case by way of simple possession.
Regina v. G.V.L. [Banff & Canmore – 2012]
CHARGES:
Possession of cannabis marijuana for the purpose of trafficking.
According to the RCMP, GVL was stopped for having “tinted windows”. A search of GVL’s vehicle resulted in the seizure of approximately 6 kilograms of cannabis marijuana. Patrick Fagan identified a critical error in the manner of deployment of the drug dog and was successful in killing the entire case by way of a stay of proceedings.
Regina v. T.C. [Banff & Canmore – 2011]
CHARGES:
Possession of cannabis marijuana for the purpose of trafficking.
TC was pulled over by the RCMP for an alleged minor traffic infraction. A subsequent search of TC’s vehicle resulted in the seizure of approximately of 28 pounds of cannabis marijuana. Patrick Fagan was successful in resolving this prosecution by way of a stay of proceedings.
Regina v. M.K.M. [Banff & Canmore – 2010]
CHARGES:
Possession of cannabis marijuana for the purpose of trafficking
MKM entered a check stop at the Banff gate where the police seized approximately 22 pounds of cannabis marijuana from his vehicle. Patrick Fagan was successful in killing this prosecution by way of a stay of proceedings at trial.
Regina v. M.H. [Banff & Canmore – 2008]
CHARGES:
1) Possession of marijuana for the purpose of trafficking.
2) Possess proceeds of crime.
Client was charged with possession of marijuana for the purpose of trafficking and proceeds of crime as a result of a police search of our client’s motor vehicle. Search and seizure challenged on constitutional grounds resulting in the complete withdrawal of all charges and the return of money seized to our client.
Regina v. C.A.H. [Banff & Canmore – 2008]
CHARGES:
1) Possession of cocaine for the purpose of trafficking.
2) Possession of cannabis marijuana.
The RCMP stopped CAH for an alleged traffic infraction for which (again, not surprisingly) he was never charged. The police did conduct a search of the vehicle and found approximately 1 ounce of cocaine and a quantity of marijuana. Patrick Fagan was successful in resolving this prosecution by way of a stay of proceedings.
Regina v. G.C. [Fox Creek & Grande Prairie – 2009]
CHARGES:
Possession of cocaine for the purpose of trafficking
The RCMP Stopped GC for an alleged traffic violation. A subsequent vehicle search resulted in the seizure of 7 ounces of cocaine. Patrick Fagan was successful in killing this prosecution by way of a stay of proceedings.
Regina v. S.J. [Medicine Hat – 2012]
CHARGES:
1) Possession of cannabis marijuana for the purpose of trafficking.
2) Possess proceeds of crime.
This was yet another RCMP “dirty license plate” vehicle stop. A search of SJ’s vehicle resulted in the seizure of approximately 30 pounds of cannabis marijuana and several thousand dollars cash. Patrick Fagan resolved this prosecution by way of simple possession.
Regina v. A.G. [Medicine Hat – 2007]
CHARGES:
Possession of cannabis marijuana for the purpose of trafficking.
In this case AG was the subject of a so-called “routine” (whatever that is) traffic stop. The police seized multiple kilograms of cannabis marijuana. Patrick Fagan was successful in killing this prosecution by way of a stay of proceedings.
Regina v. A.A.A. [Cranbrook, British Columbia – 2013]
CHARGES:
Possession of cannabis marijuana for the purpose of trafficking.
The RCMP stopped AAA for an alleged minor traffic violation. A subsequent vehicle search resulted in the seizure of 8 pounds of cannabis marijuana. Patrick Fagan was successful in resolving this matter by way of a complete withdrawal of all charges.
Regina v. S.D. [Golden, British Columbia – 2006]
CHARGES:
Possession of cannabis marijuana for the purpose of trafficking.
The RCMP stopped SD for an alleged minor traffic violation. The police seized multiple kilograms of cannabis marijuana from the vehicle. Patrick Fagan was successful in having all charges against SD completely withdrawn.
Regina v. P.S. [Swift Current, Saskatchewan – 2014]
CHARGES:
Possession of cocaine for the purpose of trafficking.
According to the RCMP, they stopped PS to check for vehicle particulars and driver sobriety. Not surprisingly, there was absolutely no problem with particulars or PS’s ability to operate a motor vehicle. A drug dog was deployed, however, and the police ultimately seized 4 kilograms of cocaine from the vehicle. At the conclusion of trial proceedings Patrick Fagan was successful in killing all charges.
Regina v. P.N. [Moose Jaw, Saskatchewan – 2009]
CHARGES:
Possession of cocaine for the purpose of trafficking
The RCMP stopped PN for an alleged minor traffic violation for which (of course) he was never charged. What the police did do is charge PN relative to the seizure of 2 kilograms of cocaine from the vehicle. Patrick Fagan was successful in killing this prosecution at preliminary inquiry by way of a stay of proceedings.
Regina v. K.D. [Moose Jaw, Saskatchewan – 2010]
CHARGES:
1) Possession of cannabis marijuana for the purpose of trafficking.
2) Possess proceed of crime.
Client was a passenger in a motor vehicle that was stopped by the RCMP for speeding. A search of that vehicle resulted in the seizure of multiple kilograms of cannabis marijuana. Patrick Fagan was ultimately successful in killing all charges against KD by way of a stay of proceedings.
Regina v. W.J. [Kenora, Ontario – 2005]
CHARGES:
Possession of Cocaine for the purpose of trafficking.
Client was the passenger in a vehicle which had been pulled over by a member of the Ontario Provincial Police (“OPP”) for a minor traffic infraction. A subsequent search of that vehicle resulted in the seizure of 2 kilograms of cocaine. Patrick Fagan was successful in killing all charges against WJ by securing a discharge at preliminary inquiry.
Regina v. W.J. [Kenora, Ontario – 2005]
CHARGES:
Possession of Cocaine for the purpose of trafficking
WJ (yes. . . the same WJ as in case #21) is again stopped in a rented Cadillac by the OPP. A subsequent search of WJ’s caddy resulted in the seizure of 2 kilograms of cocaine. At the conclusion of Supreme Court trial proceedings all seized evidence was excluded under the Charter and a verdict of not guilty entered.
Regina v. A.A.A. [Swift Current, Saskatchewan – 2004]
According to the RCMP, AAA was stopped because his vehicle didn’t have a front license plate (right). After engaging AAA in the usual drug interdiction Q&A scenario they conducted a warrantless search of his vehicle. They seized multiple drugs resulting in 6 charges of possession for the purpose of trafficking in relation to cocaine, morphine, talwin, ecstasy, diazepam and MDA. Patrick Fagan challenged the admissibility of that evidence on constitutional grounds and at the end of trial verdicts of not guilty were entered on all charges.
R. v. Z.Y.Z [Superior Court, Kenora, Ontario – October 2015]
CHARGE: Possession of cannabis marihuana for the purpose of trafficking.
RESULT: All evidence seized by police excluded at trial under the Canadian Charter of Rights & Freedoms.
Drug investigation conducted under the guise of a traffic stop results in the seizure of 40 pounds of cannabis marihuana.