18. Regina v. K.K.K. [Provincial Court of Alberta, Calgary – October, 2013]

KKK was seated in a motor vehicle with another person in a Denny’s parking lot. The police considered KKK’s activity to be suspicious so they decided to investigate. As the police approached the driver side of KKK’s vehicle they detected the overpowering scent of fresh marijuana. They also observed KKK holding a “marijuana cigarette” in his hand. During the subsequent search incidental to arrest the police seized a knife, multiple hits of oxycodone, marijuana, several grams of crack cocaine, 3 cellular phones and several hundred dollars in cash. KKK was charged with three counts of possession of a controlled substance and possession of a weapon for a purpose dangerous to the public peace.

KKK had no criminal record and was anxious to keep it that way. Consequently, we rejected the Crown’s offer of resolution (global fine of $1,750.00 in exchange for a plea of guilty to all charges), entered pleas of not guilty to all charges and scheduled the matter for trial. At the commencement of trial proceedings it became abundantly clear to the Crown that they were facing insurmountable evidentiary problems vis a vis the critical certificates of analysis. Bottom line: all charges were completely withdrawn.

Patrick Fagan

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