22. Regina v. E.E.E. [Court of Queen’s Bench of Alberta, Calgary – September 2015]
1) Possession of cannabis marijuana for the purpose of trafficking.
2) Possess proceeds of crime.
This was a classic “Pipeline/ Interdiction” investigation – i.e.: a drug investigation conducted under the guise of a traffic stop. A search of the motor vehicle operated by EEE resulted in the seizure of approximately 18 pounds of cannabis marijuana. According to the police, the estimated street value of the marijuana was approximately $120,000.00. In addition to the “dope” police also seized approximately $1,000.00 cash.
While viable avenues of defence existed to this prosecution (primarily based on the lawfulness of the initial “detention”) EEE’s primary concern was to avoid a jail term. Unfortunately, EEE had multiple drug convictions including a prior jail term for possessing marijuana for the purpose of trafficking. Consequently, the Crown was vehemently opposed to anything but jail. As EEE had nothing to lose by running a trial and (potentially) everything to gain, the matter was ultimately scheduled for trial.
BOTTOM LINE: On the date scheduled for trial the Crown was faced with “disclosure” issues and the entire matter was resolved by way of a complete withdrawal of the proceeds charge (the seized funds were returned to EEE on the spot) and the imposition of a conditional sentence order (i.e.: no jail).
Patrick C. Fagan is a highly accomplished lawyer with an impressive career spanning over 35 years in the legal field.