R. v. M.F. [Provincial Court, Calgary, June 2017]

The police observed M.F. driving with heavy damage to the driver side of his vehicle and was stopped. The police smelled marijuana and could see a plastic sandwich bag in the center console with marijuana “shake” visible from within in. M.F. was arrested for possession of marijuana and searched.  While he was being searched a bag of cocaine was found in his pocket and a second bag fell to the sidewalk. He was charged with simple of possession of marijuana and of cocaine, contrary to section 4(1) of the Controlled Drugs and Substances Act.

BOTTOM LINE: Only a month and a half after F.M. was charged Ms. Fagan was successful in having his matter diverted to the Alternative Measures Program. The Crown Prosecutor agreed to withdraw all criminal charges against F.M. in exchange for 60 hours of community service.