R v. KER: [Provincial Court of Saskatchewan, Lloydminster – March, 2025]

SUMMARY: KER was operating a motor vehicle near Maidestone,  Saskatchewan when he was stopped by the RCMP for a license, registration and sobriety check. During the course of that stop, KER unwisely engaged in a roadside conversation with the constable and (according to the police)  “consented” to a search of his vehicle.  

During the course of that search, the police seized a very small bag of  “suspected cocaine” from the interior of the vehicle. The police thereafter towed the vehicle to a police compound where they conducted a more in – depth search; that search led to the identification of a sophisticated after market compartment beneath the centre console which contained 3 kilograms of cocaine and $9,500.00 cash. KER was charged with the following  offences:  

(1) Possession of Cocaine for the Purpose of Trafficking 

(2) Possession of Proceeds of Crime. 

Patrick Fagan entered pleas of not guilty to both charges and scheduled the matter for trial.

Bottom Line: Prior to commencement of trial proceedings, Patrick Fagan was able to establish to the satisfaction of the Crown that the police had violated  KER’s Charter rights and the entire prosecution was successfully terminated by way of a Stay of Proceedings.