22. Regina v. R.A.A. [Provincial Court of Alberta, Calgary– December 2017]

In September 2016 members of the CPS Gang Enforcement Team initiated a drug trafficking investigation involving R.A.A.. [Yes . . . this is the same R.A.A.] arrested for importation of cocaine as articulated above at Case #18. The police believed R.A.A. was a person responsible for running a so-called Dial-a-Dope drug operation in Calgary. After conducting a month of surveillance the police ultimately executed a Warrant to Search on R.A.A.’s home.

Prior to executing the Search Warrant on R.A.A.’s residence, the police had occasion to observe the movements of R.A.A.. Specifically, the police observed R.A.A. exit the residence, enter the front passenger seat of his Jeep and then exit clenching a brown paper bag. The police observed R.A.A. walk towards a blue garbage bin located at the back of the property where R.A.A. bent over and placed the brown paper bag behind the wheel of the bin. R.A.A. then returned to the Jeep and drove away.

Shortly after R.A.A.’s departure the police seized the brown paper bag and discovered that it contained 100 fentanyl pills. As for the search of the residence, the police seized in excess of $16,000.00 cash from a locked gun safe as Proceeds of Crime. As a consequence of the foregoing, R.A.A. was charged with the following offences:

1. Possession of fentanyl for the purpose of trafficking contrary to Section 5(2) of the Controlled Drugs and Substances Act.
2. Possession of Proceeds of Crime contrary to Section 355(b) of the Criminal Code.

The crown extended an offer of resolution: plead guilty to possession of fentanyl for the purpose of trafficking and serve 3 years in a federal institution. R.A.A. retained Patrick Fagan to defend this most serious prosecution.

Patrick Fagan, after rejecting the Crown’s offer of resolution entered an, election trial by way of Provincial Court, entered pleas of not guilty to all charges and scheduled the matter for trial. Long before commencement of trial proceedings, Patrick Fagan was successful in convincing the Crown to “drop” the possession of fentanyl for the purpose of trafficking charge and to proceed on the lesser and included offence of simple possession of fentanyl. As the Crown was still seeking a period of imprisonment (3 months) for even “simple” possession of fentanyl, however, Patrick Fagan decided to retain the existing trial date and to run a “simple” possession trial.

Bottom Line: A 2 day trial was held in the Provincial Court of Alberta relative to the charge of simple possession of fentanyl. At the end of those proceedings a verdict of NOT guilty was entered. In addition to securing this most favourable result, Patrick Fagan was successful in securing an Order directing the immediate return of all cash seized from R.A.A.’s residence.