Relying on information provided by a confidential source the police obtained a warrant to search the residential premises of LA. Upon execution of the warrant the police located a relatively sophisticated 3 stage marijuana grow operation. There was no one at home during the course of the initial entry by the police but during the course of the search LA was observed running from the area. LA was pursued and arrested; according to the police he smelled strongly of fresh marijuana.
LA was charged with cultivation of marijuana and possession of marijuana for the purpose of trafficking. Patrick Fagan rejected an offer of 9 months imprisonment in exchange for a guilty plea as charged and the matter ultimately ended up at trial in Queen’s Bench. Patrick Fagan challenged the admissibility of all evidence seized from LA’s home as a consequence of the violation of his right to be secure against unreasonable search or seizure as guaranteed by section 8 of the Charter.
Bottom Line: At the conclusion of a Queen’s Bench trial this prosecution was successfully concluded by way of the entry of a stay of proceedings on all charges.