R. v. BIS, [ABPC, Calgary – March 2020]

BIS was charged with possession of cocaine for the purpose of trafficking, possessing proceeds of crime and breaching his recognizance.

BIS was an occupant of a motor vehicle from which the police seized a relatively large quantity of cocaine and cash. BIS came to the attention of the police as he was observed operating the motor vehicle while speaking on a cellular phone (problematic in and of itself) and he was prohibited by an existing bail order from possessing a cellular phone.

BOTTOM LINE: Prior to commencement of trial proceedings, Patrick Fagan was successful in convincing the Crown of the strength of his constitutional position vis-à-vis s. 8 and 9 of the Canadian Charter of Rights and Freedoms, and the matter was successfully resolved by way of the entry of a Stay of Proceedings is a legal term used to refer to a direction by a Crown prosecutor or a Judge to the Clerk of the Court to terminate a criminal prosecution. Click for more information. on ALL charges.