1. Regina v. M.M.A. [Court of Queen’s Bench of Alberta, Calgary – January 2017]

During a 5 month investigation the police engaged in multiple covert entries of residential premises under the authority of a Criminal Code General Warrant.  While conducting those covert entries the police acquired evidence germane to multiple kilograms of cocaine and large sums of cash. To maintain the secrecy of the ongoing investigation the police would simply weigh and photograph the drugs/cash as evidence of an ongoing multi-kilogram operation.  Towards the end of the investigation they seized in excess of $300,000.00 cash and approximately 14 kilograms of cocaine.  As a consequence our client was charged with 17 offences including:

1. 7 counts of possession of cocaine for the purpose of trafficking contrary to section 5(2) of the Controlled Drugs and Substances Act.
2. 8 counts of possessing proceeds of crime contrary to section 354 of the Criminal Code.
3. 1 count of possession of MDMA (ecstasy) for the purpose of trafficking contrary to section 5(2) of the Controlled Drugs and Substances Act.
4. 1 count of possession of cannabis marijuana for the purpose of trafficking contrary to section 5(2) of the Controlled Drugs and Substances Act.

Patrick Fagan entered an election of trial by way of Queen’s Bench and scheduled a preliminary inquiry.  At the preliminary inquiry Patrick Fagan was successful in killing a number of the charges aforesaid including 2 counts of possession of cocaine for the purpose of trafficking germane to the seizure of approximately 12 kilograms of cocaine. Patrick Fagan was also successful in killing the marijuana and ecstasy charges.  On all the rest of the charges (13 in total including possession of cocaine for the purpose of trafficking) our client was committed to stand trial.

BOTTOM LINE: The matter was scheduled for a full week Queen’s Bench trial.  On day 1 of those proceedings Patrick Fagan was successful in killing all of the remaining charges pursuant to section 24(1) of the Charter as a consequence of the violation of our client’s right to be tried within a reasonable period of time as guaranteed by section 11(b) of the Charter.