2. Regina v. S.M.B. [Provincial Court of Alberta, Canmore – March 2016]

This is another PIPELINE case.

An RCMP officer conducted a traffic stop of SMB’s vehicle for the purpose of conducting a “sobriety” check. During the course of that stop the officer, utilizing his Pipeline training, observed numerous indicators consistent with drug trafficking.  The officer detained SMB for a drug investigation, placed him in the rear of his police vehicle and conducted a search of SMB’s car. As a consequence of that search the police seized 80 liters of GHB – colloquially referred to as “the date rape drug”.  SMB was charged with possession of a controlled substance (GHB) contrary to section 5(2) of the Controlled Drugs and Substances Act.

BOTTOM LINE: Patrick Fagan was able to convince the Crown that the police had violated SMB’s right not be arbitrarily detained, right to counsel, and right to be secure against unreasonable search or seizure as guaranteed by sections 9, 10 and 8 of the Charter.  All charges against SMB were completely withdrawn.