8. Regina v. S.A.A. [Provincial Court of Alberta, Calgary – March 2017]
Police received a report of “screaming and shouting” from SAA’s apartment so they attended to check on the welfare of the occupants. Upon arriving at the apartment the police were greeted by SAA who told them there was nothing untoward happening on the premises and he refused to allow them entry. The police forced their way into the premises and conducted a search of same without a warrant; the police seized a quantity of cannabis marijuana, cocaine, weapons and approximately $21,000.00 cash.
As a consequence of the seizures aforesaid SAA was charged with 36 separate criminal offences including:
1) Possession of cocaine for the purpose of trafficking contrary to section 5(2) of the Controlled Drugs and Substances Act.
2) Possession of marijuana for the purpose of trafficking contrary to section 5(2) of the Controlled Drugs and Substances Act.
3) Multiple counts of possessing proceeds of crime.
4) Multiple weapons offences.
5) 20 counts of breach of court orders.
In protracted negotiation with the Crown, Patrick Fagan was ultimately successful in resolving this most serious prosecution by way of simple possession of a controlled substance, possession of brass knuckles and one charge of breach of recognizance.
The much more serious charges aforesaid were completely withdrawn.
Patrick C. Fagan is a highly accomplished lawyer with an impressive career spanning over 35 years in the legal field.