4. Regina v. L.L.D. [Court of Queen’s Bench of Alberta, Calgary – April 2016]

LLD parked his van and entered a Canmore hotel.  Someone took issue with the manner in which LLD parked his van and called the police.  The police entered the hotel and apprehended LLD on the pretext of an impaired driving investigation.  During a pat down search of LLD the police seized small quantities of various drugs and placed him under arrest.  Subsequently, the police conducted a so-called “inventory” search of LLD’s van whereupon they discovered what they described as a virtual “pharmacy” of drugs.  As a consequence of those seizures LLD was charged with 13 separate offences including:

• Possession of cocaine (over 1 pound) for the purpose of trafficking.
• Possession of ecstacy (approximately 1kilogram) for the purpose of trafficking.
• Possession of ketamine for the purpose of trafficking.
• Possession of diazepam for the purpose of trafficking.
• Possession of alpvazolam for the purpose of trafficking.
• Possession of methylphemidate for the purpose of trafficking.
• Trafficking in diazepam, cocaine, alpovazolam and methylphemidate.
• Possess proceeds of crime.

The odds of success did not look favourable and the Crown was seeking a period of imprisonment of at least 4 years on the cocaine and ecstasy alone.  Patrick Fagan elected trial by way of Queen’s Bench and scheduled a preliminary inquiry.

At preliminary inquiry Patrick Fagan was successful in killing 10 of the 13 charges.  Specifically, LLD was committed to stand trial on the most serious charges – cocaine, ecstasy and proceeds.

LLD’s primary objective was, if at all possible, to stay out of jail. Given the nature of the charges and drugs involved, however, the chances of achieving that objective were exceedingly remote.

BOTTOM LINE: During the 48 hours preceding commencement of Queen’s Bench trial proceedings the Crown experienced serious witness problems. Patrick Fagan was able to take advantage of this opportunity and the entire matter was resolved by way of a complete withdrawal of the 1.3 kilogram ecstasy charge and the proceeds charge. As for the remaining charge of possession of cocaine for the purpose of trafficking the Court granted a conditional sentence order (ie: no jail).