R v. SEZ (Court of King’s Bench of Alberta , Edmonton – September 2025]

SUMMARY: SEZ had the misfortune of walking into the midst of an ongoing investigation conducted by the Edmonton Police Service (“EPS”) and the Grande Prairie RCMP Drug Enforcement Unit (“RCMP”). As a consequence, SEZ became a target of that investigation and on November 2,  2021, he was stopped by the RCMP while operating his Jeep near Whitecourt  where he was placed under arrest for trafficking in methamphetamine.

Pursuant to that arrest, the police searched the Jeep whereupon they located and seized in excess of 5 kilograms of methamphetamine, 249.04 grams of fentanyl and $10,000.00 cash. As a consequence, SEZ was charged with the  following offences:  

(1) Possession of Fentanyl for the Purpose of Trafficking 

(2) Possession of Methamphetamine for the Purpose of Trafficking (3) Possession of Proceeds of Crime.  

Patrick Fagan entered an election of trial by way of a Justice of the Court of  King’s Bench of Alberta (no jury) with a preliminary inquiry. At the preliminary inquiry, Patrick Fagan laid the foundation through cross examination for a relatively novel/nuanced constitutional argument. SEZ was committed to stand trial at the conclusion of the preliminary inquiry and a full week KB trial was set.  

Bottom Line: After a hard fought full week KB trial, Patrick Fagan was successful in having ALL evidence seized from the Jeep (ie.: the money and the drugs) excluded from trial as a consequence of a violation of SEZ’s constitutional right to be secure against unreasonable search or seizure as guaranteed by Section 8 of the Charter.  

This Ruling left the Crown with no evidence with which to prosecute SEZ and the entire case was successfully terminated by way of a Stay of Proceedings. 

For those who may be interested in the Charter Ruling issued by the KB trial  Justice, click here… https://www.dailyheraldtribune.com/news/local news/grande-prairie-drugs-zachery-swanson-edwards