R. v. B.R. [Court of Queen’s Bench, Calgary, April 2016]

B.R. was a passenger in a vehicle traveling on the Trans-Canada highway. Two highway patrol men conducted a so-called “Checkstop” for sobriety on the vehicle and ultimately formed the grounds to search the vehicle. B.R. and the driver of the vehicle were questioned and imprisoned in the back of the police vehicle. Computer checks were conducted revealing that both the driver and B.R. had prior drug convictions. A drug detection dog was deployed who did not indicate that he smelled the presence of the smell drugs. The police then released a second drug detection drug who (according to them) did indicate the presence of the smell of drugs, and the police took it upon themselves to search the vehicle. Police discovered multiple cell phones and 22 lbs of marijuana in the trunk of the vehicle. Ms. Fagan was successful in having all charges withdrawn against her client before trial.