9. Regina v. R.Q.R. [Provincial Court of Alberta, Calgary – July 2018]

R.Q.R. was driving his vehicle when the police apparently noticed that he failed to signal a lane change. Consequently, the police stopped R.Q.R. and requested his license, registration and insurance. As R.Q.R. reached to retrieve the documentation, the police observed a bag of crack cocaine hanging out of his left jacket pocket. Not surprisingly, the police immediately arrested R.Q.R. for possession of crack cocaine and conducted a search of his person and vehicle incidental to that arrest. As a consequence of that search the police seized the following items:

• 28.3 grams of crack cocaine (from the jacket pocket).
• $1,465.00 in cash (from R.Q.R.’s pant pocket).
• Cellular phone.
• 13.2 grams of cannabis marihuana.

According to the police, the cellular phone seized from R.Q.R. rang repeatedly. When the police answered the first call, the person on the other end asked for “50 bags to be delivered to his house”.

As R.Q.R. was a person without a criminal record and as the Crown was seeking a minimum of 2 years imprisonment in a federal institution, R.Q.R. retained the legal services of Patrick Fagan to defend this most serious prosecution.

Bottom Line: Patrick Fagan was successful in resolving this prosecution in its entirety by way of a guilty plea to simple possession of cannabis marihuana contrary to Section 4(1) of the Controlled Drugs and Substances Act and a corresponding fine of $2,000.00. Patrick Fagan also obtained an order of the Court directing that the cash seized from R.Q.R. ($1,465.00) be used to pay the bulk of that fine. All other charges, including the most serious charge of possession of cocaine for the purpose of trafficking contrary to Section 5(2) of the Controlled Drugs and Substances Act, were completely withdrawn.