3. Regina v. G.R. [Provincial Court of Alberta, Calgary – February 2014]
In August 2012 members of the Calgary Police Service (CPS) Operations Team were involved in a dial-a-dope operation entitled “ECHO”. The police conducted extensive surveillance during which our client was observed engaged in multiple meets of short duration consistent with (according to the police) drug transactions. Surveillance also led the police to believe that the residential premises of GR were being used as a “stash” house.
As a consequence of the foregoing the police detained and searched GR after observing yet another meet of short duration. The search of GR revealed a quantity of crack cocaine concealed in his crotch area, an additional quantity of marijuana from his vehicle, a knife, a can of bear spray, 5 cellular telephones and approximately $1,400.00 cash. The police also obtained a warrant to search the home of G.R. That search resulted in the seizure of approximately $30,000.00 cash. As a consequence of the foregoing GR was charged with multiple offences including trafficking in cocaine, possessing proceeds of crime and weapons.
As the Crown was seeking a lengthy period of incarceration we entered an election of trial by way of Queen’s Bench and scheduled a preliminary inquiry. At the preliminary inquiry we were successful in resolving this most unfortunate prosecution by way of a guilty plea to simple possession of a controlled substance and possession of bear spray. The matter was dealt with by way of a fine and probation; all other charges were completely withdrawn.[The highly favourable resolution aforesaid was made possible as a consequence of our discovery of an “irregularity” in the warrant issuing process which gave rise to constitutional concerns. When fixed with knowledge of this problem the Crown wisely agreed to resolve this case on amicable terms.]
Patrick C. Fagan is a highly accomplished lawyer with an impressive career spanning over 35 years in the legal field.