10. Regina v. M.K.M.[ Court of Queen’s Bench of Alberta, Calgary – June 2010]
Our client was operating a motor vehicle when he entered a check stop located at the Banff entry gate. The police (employing classic “pipeline” investigative methodology) ultimately searched the motor vehicle and seized approximately 22 pounds of cannabis marijuana as well as so-called “score sheets” from the person of our client. At preliminary inquiry in Banff Provincial Court we laid the evidentiary foundation for a constitutional application at trial through cross-examination of primary witnesses for the prosecution. At the conclusion of the preliminary inquiry our client was committed to stand trial in the Court of Queen’s Bench of Alberta. Armed with the preliminary inquiry transcript we prepared a detailed written notice of our intention to seek relief pursuant to the Canadian Charter of Rights and Freedoms at trial. Within 48 hours of the scheduled commencement of trial proceedings in Queen’s Bench the Crown elected to kill this prosecution in its entirety by directing 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. on all charges.
Patrick C. Fagan is a highly accomplished lawyer with an impressive career spanning over 35 years in the legal field.