11. Regina v. K.K.A. [Provincial Court of Alberta, Strathmore – September 2016]
This is another PIPELINE case.
KKA was eastbound on Highway #1 near Strathmore. A member of the RCMP pulled KAA to the side of the road. Why? According to the officer, he couldn’t determine if her seatbelt was affixed or not. When the officer approached the driver’s side of the vehicle, it was obvious that the driver was wearing a seatbelt.
While at the driver’s door the officer employed his Pipeline training and formulated grounds to detain KAA. The officer thereafter deployed a drug dog who hit on KAA’s vehicle. A subsequent search of the vehicle revealed the presence of approximately 12 pounds of marijuana. KAA was charged with possession of marijuana for the purpose of trafficking contrary to section 5(2) of the Controlled Drugs and Substances Act. Patrick Fagan entered a plea of not guilty and scheduled the matter for trial.
BOTTOM LINE: As a consequence of discussions with the Crown this prosecution was ultimately resolved by way of a guilty plea to simple possession of marijuana contrary to section 4(1) of the Controlled Drugs and Substances Act and a small fine.
Patrick C. Fagan is a highly accomplished lawyer with an impressive career spanning over 35 years in the legal field.