5. Regina v. J.O.N.[Provincial Court of Alberta, Canmore – February 2014]
JON was the proprietor of a business which (according to the police) sold items used for the consumption of illegal drugs including marijuana pipes, bongs, bud grinders, vaporizers, digital weigh scales, packaging and scent proof containers. The police targeted this “head-shop” and after a number of attendances on the business premises for investigative purposes they sought a warrant to search for drug related items. Subsequent to those seizures JON was charged with two counts of selling instruments intended for the consumption of illicit drugs contrary to section 462.2 of the Criminal Code.
In defense of this prosecution we prepared and filed a detailed notice of our intention to seek relief under the Canadian Charter of Rights and Freedoms (hereinafter referred to as the “Charter”). Our Charter notice included an application for relief as a consequence of the violation of our client’s right to be secure against unreasonable search or seizure and his right to be tried within a reasonable period of time as guaranteed by sections 8 and 11(b) of the Charter respectively. BOTTOM LINE: the Crown acknowledged the strength of our Charter arguments aforesaid and one week prior to the commencement of trial proceedings all charges were completely withdrawn.
Notwithstanding the withdrawal of all charges the Crown brought an application to have the items seized by the police (valued at approximately $25,000) forfeited to the Crown. Patrick Fagan was ultimately successful in having all items returned to J.O.N.
Patrick C. Fagan is a highly accomplished lawyer with an impressive career spanning over 35 years in the legal field.