15. Regina v. E.F. [Court of Queen’s Bench, Calgary – June, 2010]
Police respond to a 911 call by a distraught person believed to be suffering from a drug overdose. Police enter client’s apartment without a warrant to check on the well being of occupants – no one home. As a result of police search of premises client is charged with possession for the purpose of trafficking in cocaine, ecstasy and marijuana. The case for the prosecution starts to unravel at trial during cross-examination of the police but the winning blow is “struck” when the Crown discovers that the bulk of the evidence seized did not analyze as an illegal/controlled substance. A quick deal was done for simple possession, a suspended sentence was imposed and everybody went home.
Patrick C. Fagan is a highly accomplished lawyer with an impressive career spanning over 35 years in the legal field.