8. Regina v. G. W. “et al” [Provincial Court of Alberta, Calgary – April 2013]
The police engaged in a lengthy drug investigation involving the use of an undercover officer with the Calgary Police Service, extensive surveillance, confidential informants and (towards the end of the investigation) the execution of warrants to search various residential premises. As a consequence of the foregoing our clients were charged with multiple offences including trafficking in heroin, possession of heroin for the purpose of trafficking and possessing proceeds of crime. The trafficking charges arose as a consequence of alleged street level transactions involving our clients and the undercover officer; the charge of possession of heroin for the purpose of trafficking (several ounces) arose as a result of a seizure from residential premises by way of warrant as the investigation was winding down. An election of trial by way of Queen’s Bench was entered for all accused and a date scheduled for preliminary inquiry. At preliminary inquiry we were successful in impugning the qualifications of the Crown’s so-called expert relative to heroin. Bottom line: our clients were committed to stand trial relative to the street level trafficking transactions BUT we managed to kill all charges (possession of heroin for the purpose of trafficking) relative to the seizure of multiple ounces of heroin and the cash (possession of proceeds of crime). Our clients maintained their pleas of not guilty germane to the alleged undercover transactions and that battle will be fought in Queen’ Bench.
Patrick C. Fagan is a highly accomplished lawyer with an impressive career spanning over 35 years in the legal field.