R. v. A.I. [Alberta Provincial Court, Calgary, November 2017]

I.A. was under police surveillance after they received confidential source information that he was selling fentanyl and cocaine. Police observed I.A. engage in what they believed to be two “hand-to-hand” drug transactions and then followed him as he drove away from the scene. Police observed I.A. speeding down Deerfoot trail and periodically opening his car door to vomit. The police conducted a traffic stop of the vehicle and ultimately formed the grounds to arrest I.A. and search the vehicle. In the vehicle the police located 606 of believed to be fentanyl pills, methadone and a significant amount of cash. A warrant to search I.A.’s residence was obtained and upon execution the police located further drugs, money and body armour. I.A. was charged with eleven charges including:

Section 5(2) of the Controlled Drugs and Substances Act – Possession of fentanyl for the purposes of trafficking

Section 88(1) of the Criminal Code—possession of a weapon for a purpose dangerous to the public peace

Section 354 of the Criminal Code – possession of proceeds of crime.

Ms. Fagan entered pleas of ‘not guilty’ to all charges. The matter was scheduled for a seven day trial in Provincial Court. Ms. Fagan alleged the breach of her client’s right to make full answer and defence as a consequence of the Crown’s failure to disclose a number of items she had requested. She filed a Charter notice and was prepared to proceed to trial.

BOTTOM LINE: Ostensibly acknowledging the merit of Ms. Fagan’s position, the Crown entered a stay of proceedings (i.e. withdrew all charges) days before the trial was scheduled to commence.

Patrick Fagan

Patrick C. Fagan is a highly accomplished lawyer with an impressive career spanning over 35 years in the legal field.

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