Regina v. B.P [Provincial Court, Canmore, July 2014]
B.P was charged with two counts of possession for the purpose of trafficking (cocaine and MDMA) and possession of marijuana and methamphetamine. After receiving information from a confidential informant the police obtained a search warrant to search a residence finding B.P. (and the alleged impugned substances) within. To make matters worse from a defence perspective, B.P. provided a full confession. In defence of this prosecution Ms. Fagan prepared and filed a detailed notice of her intention to seek relief under the Canadian Charter of Rights and Freedoms (the “Charter”) targeting the integrity of the police representations relative to this so-called “confidential informant”.
BOTTOM LINE: the Crown acknowledged the strength of Ms. Fagan’s Charter argument and entered 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. (in other words, ended the prosecution against B.P.)
Patrick C. Fagan is a highly accomplished lawyer with an impressive career spanning over 35 years in the legal field.