16. Regina v. B.K.D.S. [Provincial Court, Grande Prairie – July 2015]
1) Trafficking in cocaine
2) Trafficking in ecstasy
3) Trafficking in ecstasy
4) Possession of ecstasy for the purpose of trafficking
5) Possession of cannabis marijuana for the purpose of trafficking
6) Possession of psilocybin for the purpose of trafficking
7) Possess proceeds of crime
8) Possess a prohibited weapon
BKDS is alleged to have sold cocaine and ecstasy to two separate undercover officers of the RCMP on multiple occasions. A subsequent search by warrant on the residence of BKDS resulted in the seizure of a quantity of marijuana, ecstasy, psilocybin, cocaine and approximately $6,400.00 in cash.
This was an exceedingly difficult prosecution to defend given the nature of the hand to hand drug transactions. Consequently, the primary objective of BKDS was to avoid a period of incarceration. Given recent changes to the Controlled Drugs and Substances Act, however, the odds of achieving that objective were remote in the extreme.
A preliminary inquiry was held during which Patrick Fagan conducted a lengthy cross-examination of the primary investigating officers. The sworn testimony of both officers, to put it delicately, left much to be desired. As a consequence of progress made at preliminary inquiry Patrick Fagan was successful in having 4 of the 8 charges completely withdrawn – trafficking in ecstasy for the purpose of trafficking x2, possession of marijuana for the purpose of trafficking and possession of psilocybin for the purpose of trafficking. BKDS was ordered to stand trial on the other 4 charges.
Prior to commencement of trial proceedings Patrick Fagan was successful in securing an agreement which opened the door for the issuance of a conditional sentence order (i.e.: no jail).
Bottom Line: A guilty plea was entered to possession of cannabis marijuana for the purpose of trafficking and a conditional sentence order of 18 months was imposed. All other charges were completely withdrawn.
Patrick C. Fagan is a highly accomplished lawyer with an impressive career spanning over 35 years in the legal field.