R. v. GIB [Provincial Court of Albert a, Calgary – August 2022]

SUMMARY: A vehicle driven by GIB was stopped and searched by the police resulting in the seizure of cocaine and morphine. GIB was charged with possession of cocaine for the purpose of trafficking, possession of morphine for the purpose of trafficking and possession of proceeds of crime.

Bottom Line: Patrick Fagan was successful in killing this entire prosecution by way of the entry of a Stay of Proceedings.

On 2021/05/06, police conducted a traffic stop on a 2010 M. Grey Ford Escape for tinted windows at 1401 25 Ave NE. The vehicle was occupied by GIB as the driver and registered owner, a front passenger and another individual as rear passenger…behind the driver.

Upon approach, police observed the driver-side window rolled down and a strong odour of cannabis emanating from the vehicle. Police informed GIB of the reason for the traffic stop and subsequently observed a black tube of cannabis besides the front passenger’s left buttocks. Police informed all occupants that they were detained, had them exit the vehicle and that police would be conducting a search of the vehicle for further evidence of cannabis under the GLCA.

As GIB exited the vehicle and began providing his AB Driver’s License, police observed a wad of Canadian currency in his wallet. During the search of the vehicle, police located the following: Canadian Currency in the driver-side door;

• Cannabis residue and zig-zags near the gas pedals and center console;
• 3 Cannabis grinders are located inside the center console and Cannabis
  capsules;
• Blue lotion cream container with white lid containing small chunks of
  cannabis;
• $20 of Canadian Currency inside the center console;
• 1 full canister of BB gun rounds inside the center console

Police then questioned GIB about any weapons inside the vehicle, to which he stated there was a pellet gun in the back seat. Police located a can of bear spray and a black APX CO2 Pellet Gun behind the passenger seat. Located inside the glove box was a gold clutch with a clear plastic bag with what police believed to be individual bags of crack cocaine, powdered cocaine, and two oxycodone pills. A full canister of BB gun rounds was located in the trunk of the vehicle. The vehicle was towed. The gold clutch contained the following drugs:

1. Bag 1 – a total of 28 grams of crack cocaine valued at $1600.00
2. Bag 2 – a total of 27.9 grams of crack cocaine valued at $1600.00
3. Bag 3 – a total of 27.3 grams of powdered cocaine valued at $1600.00
4. Bag 4 – a total of 27.1 grams of powdered cocaine valued at $1600.00
5. Two lost Oxycodone (TEC) pills valued at $20 per pill

Police seized a total of $6440.00 worth of drugs and $1060.00 of Canadian currency.

Subsequent to a pre-trial conference (“PTC”) held several weeks prior to the commencement of trial proceedings, Patrick Fagan was successful in convincing the assigned Crown Prosecutor of the strength of the Defence search and seizure constitutional arguments.

BOTTOM LINE: ALL CHARGES AGAINST GIB WERE SUCCESSFULLY RESOLVED BY WAY OF A STAY OF PROCEEDINGS.