14. Regina v. G.M. [Provincial Court of Alberta, Calgary – July 2010]
Police were patrolling in a “known drug trafficking area” in Calgary when they observed a vehicle parked with two male occupants. When the police approached they observed that the two occupants (including our client) became agitated and appeared to be concealing something. Police attended upon the vehicle and ultimately took our client into custody locating multiple baggies of marijuana, a quantity of cannabis resin, an ammunition cannister, electronic scale, collapsible baton and a couple thousand dollars in cash. Client (unwisely) provided a statement to the police admitting that he “sometimes sells marijuana”. Client was understandably charged with possession of marijuana for the purpose of trafficking, possession of a weapon and proceeds of crime. Admissibility of evidence was challenged on multiple constitutional grounds including arbitrary detention, unreasonable search and seizure, right to counsel and security of our client’s person. The entire prosecution was killed on day one of trial proceedings.
Patrick C. Fagan is a highly accomplished lawyer with an impressive career spanning over 35 years in the legal field.