R. v. B.M. [Court of Queen’s Bench, Calgary, February, 2016]

B.M. was driving just outside of Lake Louise when he was pulled over by police for weaving in his lane of traffic. The police (embarking on an obvious drug investigation) questioned B.M. about his purpose for travel and where he was going to/from. A computer check was conducted revealing that B.M. had multiple drug convictions. The police ultimately formed the grounds to deploy a drug detection dog who indicated the presence of drugs in the vehicle. The police searched the vehicle and allegedly found approximately 10 pounds of marijuana. B.M. was charged with possession of marijuana in excess of 3 kilograms for the purpose of trafficking. B.M. elected trial in Queen’s Bench with a preliminary inquiry. His trial was scheduled to be heard nearly two years after his arrest. On the first day of trial the Crown attempted to adjourn (ie. delay the trial to a later date) the commencement of the trial until its main witness recovered from an illness. Ms. Fagan opposed the delay and argued that the trial should go ahead. The presiding Judge agreed with Ms. Fagan and the Crown was unable to prove its case without the ill witness. All charges against B.M. were completely withdrawn.

Patrick Fagan

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