25. Regina v. E.J. & E.D. [Provincial Court of Alberta, Calgary – November, 2012]

E.J.’s ex-girlfriend shows up unannounced with her new boyfriend at the residence of our clients to collect some personal items and to rub her new relationship in E.J.’s face. Well . . . one thing led to another and when the police arrived there was blood leading from the driveway up to the door of our client’s residence. The police knocked on the door, E.J. (bleeding) opened the door and the police were hit in the face with the overwhelming smell of growing marijuana. According to the police they needed to conduct a warrantless search of the residence to determine if there were other injured occupants in the home – yah right. Upon entering the basement the police discovered a sophisticated 3 stage marijuana grow operation consisting of approximately 100 plants, related growing paraphernalia and a digital scale. A police “expert” estimated the potential revenue generated by a single crop (if sold by the ounce) at $120,000.00 and $75,000.00 if sold by the pound. The police expert further stated that the operation would yield from 3-5 crops a year. So . . . the police charged our client and his hapless mother (also our client) with commercial production of cannabis marijuana and possession of cannabis marijuana for the purpose of trafficking. An election of trial by way of Provincial Court and pleas of not guilty were entered to all charges. The trial was scheduled for 3 days but on the first day of proceedings the entire matter was resolved by way of guilty pleas to simple possession of cannabis marijuana and corresponding fines of $2,000.00. The charge of commercial production and possession for the purpose of trafficking were completely withdrawn.

Patrick Fagan

Patrick C. Fagan is a highly accomplished lawyer with an impressive career spanning over 35 years in the legal field.

“… a sharp lawyer like Fagan could make mince meat out of their case.”


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