17. Regina v. K.A.O. [Provincial Court, Creston British Columbia – July 2015]


1) Possession of ecstasy for the purpose of trafficking
2) Possession of psilocybin for the purpose of trafficking
3) Possession of LSD for the purpose of trafficking
4) Possession of cannabis marijuana
5) Possession of cannabis resin

While enroute to the Shamballa music festival in Selmo, British Columbia, KAO and his band of confederates got lost and mistakenly drove to the US border. They positioned their vehicle in a parking lot (without attending the border gate) and entered the office of Canada Customs to seek directions to Shamballa. Well . . . that assistance came in the form their immediate detention and a search of the van. That search resulted in the seizure of a multitude of drugs including close to 300 hits of LSD and over 60 grams of MDMA (i.e.: ecstasy). Police also seized packaging material and a digital scale with residue. KAO and two other occupants of the van were arrested and charged accordingly.

Pleas of not guilty were entered to all charges and a trial scheduled in Provincial Court, Creston, British Columbia. Patrick Fagan provided the Crown with notice of his intention to seek relief pursuant to the Canadian Charter of Rights and Freedoms (the “Charter”) as a consequence of the violation of KAO’s right to counsel and his right to be secure against unreasonable search or seizure as guaranteed by sections 10 and 8 of the Charter respectively.

Bottom Line: To the credit of the Crown prosecutor assigned to this case the strength of Patrick Fagan’s Charter arguments were conceded and a Stay of Proceedings is a legal term used to refer to a direction by a Crown prosecutor or a Judge to the Clerk of the Court to terminate a criminal prosecution. Click for more information. was entered on all charges.

Patrick Fagan

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