R. v. M.A. [Provincial Court of Alberta, Calgary, November 2018]
Members of the Calgary Police Service conducted a traffic stop on a vehicle when the driver failed to signal before turning. M.A. was seated in the back seat of the vehicle. The police noted indicia consistent with the possession of drugs – an odor of marijuana, nervousness and evasiveness by the occupants of the vehicle. The driver and M.A. were arrested. A bag of 61.9g of crack cocaine was located in a bag draped around M.A.’s shoulder along with two cell phones and a significant amount of cash. M.A. was charged with possession of crack cocaine for the purpose of trafficking contrary to s. 5(2) of the Controlled Drugs and Substances Act (CDSA) and possession of proceeds of crime contrary to s. 355 of the Criminal Code. M.A. admitted to the police that the drugs were his. Ms. Fagan scheduled the matter for trial in Provincial Court. The first trial date scheduled was adjourned as a consequence of the Crown providing the defence with late disclosure. Ms. Fagan highlighted the potential challenges that the Crown would face due to the delay of the trial and a deal was struck.
BOTTOM LINE: The most serious charge of possession of crack cocaine for the purpose of trafficking was withdrawn and M.A. entered a guilty plea to a single count of simple possession (for 61.9g of crack cocaine….) for a fine of $1000.00.
Patrick C. Fagan is a highly accomplished lawyer with an impressive career spanning over 35 years in the legal field.