14. Regina v. S.S.S. [Court of Queen’s Bench of Alberta, Calgary – June 2015]
1) Possession of cocaine for the purpose of trafficking.
2) Possession of cannabis resin for the purpose of trafficking.
3) Possession of ketamine for the purpose of trafficking.
4) Possession of cannabis marijuana for the purpose of trafficking.
5) Possession of TFMP for the purpose of trafficking.
6) Possession of lorazepam.
7) Possession of proceeds of crime exceeding $5,000.00.
8) Possession of a machete for a purpose dangerous to the public peace.
9) Possession of morphine.
SSS was the target of Operation “Goldflake” which extended over several weeks and involved the use of extensive surveillance, confidential informants, undercover officers, the Tactical Unit and execution of search warrants. When the Tac Team hit the door of SSS’s residence he was standing just inside crouched in front of an open safe containing approximately $17,000.00. A more detailed search of the home resulted in the seizure of a multitude of different drugs in various quantities consistent with (according to the police) a trafficking operation. Those seizures included multiple ounces of cocaine and vials of MDMA. The warrant looked good, SSS was caught red-handed and all he wanted was to avoid the imposition of an actual jail term. Crown sought a period of imprisonment of 3 years and SSS hired the services of Patrick Fagan.
Bottom Line: At preliminary inquiry Patrick Fagan was successful in killing all but 2 of the 9 charges – possession of cocaine for the purpose of trafficking and proceeds of crime. The matter was ultimately scheduled for trial but prior to commencement of trial proceedings Crown agreed to a conditional sentence order (CSO) subject to receipt of a positive pre-sentence report. A positive report was forthcoming and the entire case was resolved by way of a CSO which allowed S.S.S. to maintain his employment, care for his family and avoid incarceration.
Patrick C. Fagan is a highly accomplished lawyer with an impressive career spanning over 35 years in the legal field.