13. Regina v. C.T.T. [Court of Queen’s Bench of Alberta (Calgary) – October, 2018]
In early 2017 members of the Calgary Police Service Gang Enforcement Team (GET) entered into an investigation relative to the alleged drug trafficking activities of C.T.T. Specifically, confidential information led the police to believe that C.T.T. was involved in a mid to high level drug trafficking operation in which he was supplying street level dealers with large quantities of cannabis marijuana and cocaine. During the course of the police investigation C.T.T. was observed engaged (according to the police) in activity consistent with drug trafficking.
During the course of the police investigation C.T.T. was observed meeting repeatedly with another male target. During the course of at least three of these meetings police surveillance observed packages being transported by C.T.T. and delivered to that person. Within 24 hours of the latest observation aforesaid, the police observed the other male target leave his residence carrying a box and bag. The police directed that a traffic stop of that target be conducted and a subsequent search of that person’s vehicle and his residence yielded multiple kilograms of cannabis marijuana.
On the same day the police obtained a warrant to search the residence and vehicle of C.T.T. As a consequence of those searches the police seized various items of investigative consequence including the following:
- 5 kg. of cannabis marijuana
- Over $12,000 in cash
- A money counter
- Documentation in the name of C.T.T. associated to the residence and vehicle
- Vacuum heat sealer and packaging materials
- A multitude of zip lock baggies
The police estimated the street value of the cannabis marijuana seized from C.T.T. at approximately $64,000. As a consequence of all of the above C.T.T. was charged with the following offences:
- Possession of cannabis marijuana in an amount exceeding 3 kg. for the purpose of trafficking contrary to Section 5(2) of the Controlled Drugs and Substances Act.
- Possession of proceeds of crime in an amount exceeding $5,000 contrary to Section 355(a) of the Criminal Code.
As C.T.T. had done significant “time ” before, his primary objective was to avoid the imposition of a jail term. As the Crown was insisting on a lengthy period of incarceration C.T.T. retained the services of Patrick Fagan.
Patrick Fagan entered an election of trial by way of a Justice of the Court of Queen ’s Bench of Alberta sitting without the intervention of a Jury and with a preliminary inquiry. At the preliminary inquiry Patrick Fagan was successful in having the charge of possessing proceeds of crime in an amount exceeding $5,000 completely withdrawn; C.T.T. was committed to stand trial in Queen’s Bench on the singular charge of possession of cannabis marijuana in an amount exceeding 3 kg. contrary to Section 5(2) of the Controlled Drugs and Substances Act.
The matter was scheduled for trial but prior to commencement of those proceedings Patrick Fagan was successful in negotiating the following resolution:
- The Crown agreed to amend the charge from “over” 3 kg. to “under” 3 kg. contrary to Section 5(2) of the Controlled Drugs and Substances Act.
- The significance of the amendment aforesaid flows from the fact that jail is mandatory upon the entry of a conviction for possession for the purpose of trafficking over 3 kg. In other words, a conditional sentence order (ie: house arrest. . . which is what C.T.T. wanted so as to maintain his employment and family) is not available for over 3 kg.
- A guilty plea was entered to under 3 kg. contrary to Section 5(2) of the Controlled Drugs and Substances Act and a conditional sentence order (CSO) of one year was imposed. Specifically, the CSO involved a four month split between 24 hour house arrest (subject to exceptions), curfew and then. . . NO house arrest or curfew for the final four months.
Patrick C. Fagan is a highly accomplished lawyer with an impressive career spanning over 35 years in the legal field.