2. Regina v. M.A.G. [Court of Queen’s Bench Alberta, Calgary – February 2014]
In March 2010 members of the Calgary Police Service (CPS) were involved in an undercover operation called “Dances with Wolves” during which they targeted a so-called dial-a-dope drug trafficking ring. The police engaged in multiple undercover purchases of cocaine and one of the traffickers lead the police to residential premises associated with MAG. According to the police those residential premises operated as a “stash” house.
After extensive surveillance on the targeted premises the police obtained a warrant to search the place where they located and seized approximately 340 grams of cocaine, $15,000.00 cash, packaging materials, a digital scale and a multitude of documents in the name of MAG. To make matters worse (from a Defense perspective) MAG showed up at the premises during the course of the execution of the warrant to search. MAG was promptly arrested and charged with 5 offences – possession of cocaine for the purpose of trafficking, possession of cannabis marijuana for the purpose of trafficking, possession of proceeds of crime and possession of a weapon for a purpose dangerous to the public peace x 2.
As the Crown was seeking a lengthy period of incarceration in a federal institution an election of trial by way of Queen’s Bench was entered and a preliminary inquiry scheduled. At the preliminary inquiry we were successful in securing a complete withdrawal of the cannabis resin charge and the weapons offences. The two remaining charges (possession of cocaine for the purpose of trafficking and possession of proceeds of crime) were scheduled for trial in Queen’s Bench.
A trial was held in the Court of Queen’s Bench of Alberta and at the conclusion of a full week trial verdicts of not guilty were entered on all charges.
Patrick C. Fagan is a highly accomplished lawyer with an impressive career spanning over 35 years in the legal field.