R. v. LTS, [ABPC, Calgary – December 2020]

LTS was charged with possession of fentanyl for the purpose of trafficking and possession of cocaine for the purpose of trafficking. The police received information from a so-called reliable confidential source that LTS was trafficking in cocaine and fentanyl and hence they launched an investigation involving extensive surveillance. During the course of that surveillance, the police observed what they believe to be activity consistent with drug trafficking.

As a consequence of the foregoing, the police sought, obtained, and executed a Warrant to Search the premises of LTS; that search revealed the presence of a relatively large quantity of fentanyl and cocaine. As the Crown was seeking a period of imprisonment in the range of 6-9 years, LTS retained the services of Patrick Fagan to defend this most serious drug prosecution.

Patrick Fagan identified a fatal flaw in the investigative process leading up to the execution of the Warrant to Search and the Crown ultimately conceded the strength of Patrick Fagan’s position.

BOTTOM LINE: This most serious drug prosecution 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. in relation to ALL charges.