25. Regina v. S.J. [Provincial Court of Alberta, Calgary — November, 2010]

Client was subjected to something called an “ion scan” at the U.S. border which supposedly tested positive for cocaine. About a month later the police obtained a search warrant and with the assistance of the tactical team entered the home of our client in search of “firearms”. As matters turned out despite an exhaustive search by the authorities the police found no drugs and no firearms. What they did find was approximately $50,000.00 in cold hard cash. Consequently, the police seized our client’s hard earned currency and charged him with possession of proceeds of crime obtained from drug trafficking contrary to section 354 of the Criminal Code and section 5(1) of the Controlled Drugs and Substances Act. A plea of not guilty was of course entered to this most serious prosecution and a trial scheduled in Calgary Provincial Court. On the first day of trial the Crown was faced with insurmountable evidentiary and the entire prosecution was killed by way 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..