2. Regina v. A.A.A. [Provincial Court of British Columbia, Cranbrook – January 2013]
Client was operating a motor vehicle when he was pulled over by the police for an alleged minor traffic violation. During the course of AAA’s dealings with the police at roadside the investigating officer took it upon himself to search the contents of a picnic cooler that was lying in the back seat. To the delight of the police that search disclosed the presence of approximately 8 pounds of BC “bud”. Consequently, the police charged AAA with possession of marijuana for the purpose of trafficking and directed him to appear in court on a future date. Ultimately . . . this matter fell into the hands of an experienced prosecutor who conceded the abundantly obvious – this was a clear cut case of a “pipeline/drug interdiction” investigation conducted under the guise of a traffic stop which ultimately gave rise to a violation of AAA’s right to be secure against unreasonable search or seizure as guaranteed by section 8 of the Canadian Charter of Rights and Freedoms. Bottom line: Through negotiation with the Crown the prosecution was terminated in its entirety.
Patrick C. Fagan is a highly accomplished lawyer with an impressive career spanning over 35 years in the legal field.