24. Regina v. G.R. [Court of Queen’s Bench of Alberta, Calgary – November, 2013]
In an investigation entitled “Gladiator” the police executed a warrant to search an apartment where they located a quantity of crack cocaine, ecstasy, codeine, GHB, assorted drug trafficking paraphernalia, weapons and approximately $12,000.00 cash. The police also found GR in a bedroom; a search of GR revealed the presence of a key for the apartment building. GR was charged with 10 offences including 4 counts of possession for the purpose of trafficking, production of crack cocaine, weapons and possessing proceeds of crime. As the Crown was seeking a lengthy term of imprisonment we elected trial by Queen’s Bench and scheduled a preliminary inquiry.
At the preliminary inquiry we were successful in killing 6 of the 10 charges. A one week Queen’s Bench trial was thereafter scheduled relative to the remaining 4 charges – possession for the purpose of trafficking (cocaine), possession for the purpose of trafficking (ecstasy), simple possession (codeine) and proceeds. We prepared a detailed challenge to the validity of the warrant and prepped for trial. On the 1st day of the 1 week trial the matter was resolved by way of a guilty plea to simple possession of cocaine and a $1,000.00 fine. All other charges were completely withdrawn.
Patrick C. Fagan is a highly accomplished lawyer with an impressive career spanning over 35 years in the legal field.