8. Regina v. K.S.R. [Provincial Court of Alberta, Calgary – July 2018]

K.S.R. was the target of a “dynamic take-down” by the Calgary Police Service (“CPS”). Specifically, the police stopped K.S.R.’s Range Rover and ordered K.S.R. at gunpoint to exit the vehicle. According to the police, they had information which led them to believe that K.S.R. may be armed and dangerous.

After a brief stand-off, K.S.R. exited the vehicle whereupon he was immediately apprehended, taken-down and arrested. According to the police they detected the strong scent of fresh marihuana emanating from the area of the driver’s seat of the Range Rover.

A subsequent search of the Range Rover revealed the presence of the following:

• Approximately 1000 fentanyl pills worth (according to the police) $31,000.00.
• 145.6 grams of crack cocaine worth approximately $10,000.00.
• A stolen loaded automatic handgun with one live round in the chamber and 6 live rounds in the magazine.
• A quantity of cannabis marihuana and related drug paraphernalia.

As a consequence of the foregoing K.S.R. was charged with a number of offences including the following:

1. Possession of a loaded handgun contrary to Section 95(1) of the Criminal Code.
2. Possession of a stolen handgun contrary to Section 96(1) of the Criminal Code.
3. Carrying a concealed weapon contrary to Section 90(1) of the Criminal Code.
4. Possession of crack cocaine for the purpose of trafficking contrary to Section 5(2) of the Controlled Drugs and Substances Act.
5. Possession of fentanyl for the purpose of trafficking contrary to Section 5(2) of the Controlled Drugs and Substances Act.

Bottom Line: This most serious prosecution never made it to trial. Why? As a consequence of an egregious and irrevocable err committed by the authorities in their pursuit of this matter, Patrick Fagan was successful in resolving this prosecution by way of the entry of a Stay of Proceedings is a legal term used to refer to a direction by a Crown prosecutor or a Judge to the Clerk of the Court to terminate a criminal prosecution. Click for more information..