26. Regina v. S.K.Y. [Provincial Court, Calgary – November 2015]


1) Possession of cocaine for the purpose of trafficking.
2) Possession of marijuana for the purpose of trafficking.
3) Possess proceeds of crime.
4) Dangerous driving causing bodily harm.

Result: Stay of proceedings entered on all charges.

The police received a complaint from a hotel manager that drugs had been observed by hotel cleaning staff in a room occupied by SKY. The police, with the assistance of the hotel manager, entered the room where they seized a quantity of marijuana, cocaine, cash and paraphernalia (scales and packaging material) related to trafficking.

SKY was observed leaving the area of the hotel parking lot in his vehicle and the police sought to apprehend him. SKY’s vehicle was brought to a halt but as the police approached the driver’s door the vehicle sped away. Again, the police pursued SKY.

As SKY approached a controlled intersection he entered on a red light and struck (t-boned) a passing vehicle. The collision resulted in bodily harm to the driver of the passing vehicle. The police arrested SKY and a search of his person and vehicle revealed the presence of additional quantities of cocaine and marijuana. The case for the prosecution was challenged on various Charter grounds.

Bottom Line: The entire prosecution was terminated by way of a stay of proceedings.