7. Regina v. M.I.R. [Provincial Court of Alberta, Airdrie – March 2014]

RCMP received information that MIR was selling marijuana in Airdrie. The police conducted surveillance on MIR and he was observed to be engaged in meetings of short duration which were consistent (according to the police) with drug trafficking. The police arrested one of the persons who met with MIR and seized from that person a quantity of marijuana. That person readily provided the police with a statement implicating MIR as a seller/trafficker of marijuana.

The police immediately thereafter arrested MIR. A search of MIR revealed that he was in possession of approximately $1,000.00 cash, a cellphone and multiple baggies of marijuana. During the arrest of MIR his cellphone rang. The police answered the phone and spoke to a male who was looking to purchase marijuana from MIR. To make matters worse from a defense perspective MIR provided the police with a statement to the effect that he was selling marijuana to help make ends meet while unemployed. He also told the police that this would be his last time selling and when he ran out he wasn’t going to do it anymore. The police were understandably unimpressed with MIR’s confession and promptly charged him with trafficking in marijuana, possession of marijuana for the purpose of trafficking and possessing proceeds of crime. Pleas of not guilty were entered to all charges and the matter scheduled for trial.

Bottom Line: the entire prosecution was ultimately dealt with at trial by way of a finding of guilt to simple possession of cannabis marijuana, forfeiture of the cash seized and a $1,000.00 fine.

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