18. Regina v. D.M. [Court of Queen’s Bench, Red Deer – September, 2010]

Client charged with possession of cocaine for the purpose of trafficking (approximately one ounce) and proceeds of crime as a consequence of surveillance conducted by members of the RCMP Drug Squad. Police also seized clients 2006 4×4. Several months subsequent to client’s release on bail the police searched his residence resulting in six additional criminal charges including possession of a controlled substance, proceeds of crime and four charges of breaching a recognizance. We again secured bail for our client and pleas of not guilty were ultimately entered on all charges. Both seizures by the police aforesaid were challenged on constitutional grounds. This prosecution was ultimately resolved on day one of trial proceedings in the Court of Queen’s Bench by way of a guilty plea to SIMPLE possession of a controlled substance and one count of breach of recognizance; the Court imposed a fine. All other charges (including the charge of possession of cocaine for the purpose of trafficking) were completely withdrawn. The fine was paid with the return of funds seized by the police; our client’s 4×4 was also recovered.

Patrick Fagan

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