7. Regina v. H.S.K. [Provincial Court of Alberta, Calgary – May 2016]

HSK was on bail for trafficking in heroin.  One of the release conditions prohibited him from being in possession of a cellular phone.  The police, operating an unmarked police vehicle, “observed” HSK using a cellular phone.  The police stopped HSK and arrested him for breaching his bail order.  A subsequent search of HSK’s vehicle by the police for the cellphone revealed the presence of multiple packages of heroin.  Remarkably . . . the cellular phone was not found (ie: there never was a cellular phone).  The police charged HSK with possession of heroin for the purpose of trafficking and possessing proceeds (several hundred dollars cash) of crime.

BOTTOM LINE: Through negotiation with the Crown, Patrick Fagan was able to resolve this most serious prosecution by way of a guilty plea to simple possession of heroin contrary to section 4(1) of the Controlled Drugs and Substances Act; the Court imposed a fine of $1,000.00.  All other charges (possession of heroin for the purpose of trafficking and possession of proceeds of crime) including 2 counts of breach of recognizance were completely withdrawn.