19. Regina v. H.I.K. [Provincial Court of Alberta, Lethbridge – July, 2014]
The RCMP were dispatched to assist the US Border Patrol in pursuit of an SUV that was ostensibly trying to cross into Canada illegally. During the pursuit the SUV crashed leaving behind approximatley10 kilograms of cocaine valued (according to the police) at around a million ($1,000,000.00) dollars. All occupants of the SUV fled the scene prior to the police attendance.
The next day the RCMP responded to a suspicious persons complaint and located HIK under a bridge not too far from the border on the Canadian side. A search of HIK revealed a number of suspicious items including a key tag with a license plate number and VIN matching the SUV in the crash. HIK was charged with importing cocaine contrary to section 6(1) of the Controlled Drugs and Substances Act and failure to report contrary to section 111(1) of the Immigration Act.
Bottom Line: Following approximately 8 months of ongoing disclosure, multiple court appearances and pre-preliminary inquiry judicial conferences the importation charge was successfully resolved by way of the entry of a Stay of Proceedings is a legal term used to refer to a direction by a Crown prosecutor or a Judge to the Clerk of the Court to terminate a criminal prosecution. Click for more information..
Patrick C. Fagan is a highly accomplished lawyer with an impressive career spanning over 35 years in the legal field.