15. Regina v. R.M.B. [Provincial Court of Alberta – August 2017]

R.M.B. was the driver and lone occupant of a motor vehicle which was pulled over as a consequence of a seat belt infraction. During the course of the stop the police claimed to have detected the scent of fresh cannabis marijuana and they inquired of R.M.B. as to whether he/she had “pot” in the vehicle. R.M.B. properly (and unwisely) responded in the affirmative – “not too much”.

R.M.B. was placed under arrest for unlawful possession of a controlled substance and a subsequent search revealed the presence of cannabis marijuana and a quantity of crystal methamphetamine. The police charged R.M.B. with the following offences:

  1. Possession of cannabis marijuana contrary to Section 4(1) of the Controlled Drugs and Substances Act.
  2. Possession of crystal methamphetamine contrary to Section 4(1) of the Controlled Drugs and Substances Act.

R.M.B. was a highly educated professional with no prior convictions. A conviction for a drug offence (particularly “crystal meth”) would have brought an abrupt halt his /her existing professional life and complicated international travel.

BOTTOM LINE: Patrick Fagan was successful in convincing the Crown of the strength of his constitutional position vis a vis search and seizure, resulting in a complete withdrawal of all charges.

Patrick Fagan

Patrick C. Fagan is a highly accomplished lawyer with an impressive career spanning over 35 years in the legal field.

“… a sharp lawyer like Fagan could make mince meat out of their case.”


Contact the Law Office of Patrick C. Fagan today to review your case.