22. Regina v. C.W. [ Provincial Court of Alberta, Red Deer – September 2011]

Police stopped a vehicle operated by our client as a result of a perceived illegal U turn and possible suspect in a domestic assault. When our client was apprehended the police immediately detected the overwhelming scent of fresh marijuana and arrested our client accordingly. A search of our client’s motor vehicle revealed the presence of a quantity of marijuana, a scale, baggies and a “grinder”. The police also seized our client’s cell phone which apparently contained text messages of a drug trafficking nature. Our client was charged with possession of marijuana for the purpose of trafficking. We entered a plea of not guilty and scheduled a trial date. As a consequence of the failure of the police to process the alleged marijuana for analysis the Crown was unable to establish beyond a reasonable doubt a critical element of this most serious offence. Bottom line. . . . the charge against our client was completely withdrawn.