R v. POC: [Court of Justice, Calgary – October 2024]

SUMMARY: The CPS Firearms Investigative Team conducted an investigation of POC due to information received regarding handguns. Police obtained a Warrant to Search POC’s home where they seized a quantity of cocaine, ketamine, scales, packaging material and (most importantly from an evidentiary perspective) a home security video recorder that captured POC  selling drugs to various customers over an extended period of time.  Objectively speaking, it did not look good for POC.  

Bottom Line: Patrick Fagan was successful in terminating the entire prosecution prior to commencement of trial proceedings by way of a Stay of  Proceedings. How? The Crown failed to discharge it’s constitutional obligation of providing the Defence with timely full disclosure and a Jordan application pursuant to Section 11(b) of the Charter was inevitable.