7. Regina v. L.H.M. [Court of Queen’s Bench of Alberta, Calgary – April 2017]

An RCMP investigation resulted in a warrant to search LHM’s rural home.  That search revealed the presence of a marijuana grow operation, multiple kilograms of dry packaged cannabis marijuana, approximately $8,000.00 cash, multiple firearms and silver bullion worth in excess of $10,000.00.  As a consequence of the seizures LHM was charged with the following offences:

1. Production (cultivation) of cannabis marijuana contrary to section 7(1) of the Controlled Drugs and Substances Act.
2. Possession of cannabis marijuana in an amount exceeding 3 kilograms for the purpose of trafficking contrary to section 5(2) of the Controlled Drugs and Substances Act.
3. Possession of proceeds of crime (cash and silver) contrary to section 354 of the Criminal Code.
4. Illegal possession of firearms contrary to section 91(1) of the Criminal Code.

LHM initially retained a lawyer other than Patrick Fagan to defend this prosecution.  A Crown offer of 2 years imprisonment in a federal institution in exchange for guilty pleas to possession of marijuana for the purpose of trafficking and the firearms offence was promptly rejected by Patrick Fagan and the matter scheduled for preliminary inquiry.

At preliminary inquiry Patrick Fagan was successful in killing the charge of possession of cannabis marijuana for the purpose of trafficking and the proceeds charge.  LHM was committed to stand trial in Queen’s Bench on 2 charges – production of cannabis marijuana and firearms.

Prior to commencement of trial proceedings Patrick Fagan engaged the Crown in protracted negotiation germane to a potential amicable resolution.  In the final analysis the entire case was successfully resolved in the following manner:

1. A guilty plea was entered to production of cannabis marijuana for personal use and possessing a rifle without the requisite license.
2. The Court imposed a $1,500.00 fine on the production charge and an $8,000.00 fine on the firearms.
3. Patrick Fagan successfully applied to have all fines paid from cash seized by the police pursuant to section 734(6) of the Criminal Code. All remaining seized items (including the balance of all cash and firearms) was ordered returned to LHM.