3. Regina v. S.I.S. [Provincial Court of Alberta, Calgary – April 2016]
The police received a complaint that persons unknown were prowling the neighborhood. Consequently, the police stopped a vehicle occupied by 4 young men – SIS was driving. The police immediately detected the overwhelming scent of fresh marijuana and placed all 4 men under arrest. During the course of that arrest SIS stated (unwisely) to the police “this is my truck and all contents including cash, marijuana and the scale are mine”. A subsequent search of the vehicle revealed the presence of multiple baggies containing marijuana and a scale. SIS was charged with possession of marijuana for the purpose of trafficking contrary to section 5(2) of the Controlled Drugs and Substance Act and possession proceeds of crime (several hundred dollars of cash).
BOTTOM LINE: The matter was scheduled for trial and ultimately resolved by way of a complete withdrawal of the proceeds charge and an absolute discharge was granted germane to simple possession of cannabis marijuana.
Patrick C. Fagan is a highly accomplished lawyer with an impressive career spanning over 35 years in the legal field.