23. Regina v. M.V.S [Provincial Court of Alberta, Calgary – October, 2013]
The police entered residential premises with a warrant to search where they found a sophisticated 450 plant marijuana grow operation; the police also located MVS hiding in the home. The warrant to search was solid and (short of a miracle) a conviction for cultivation and possession for the purpose of trafficking was inevitable. All MVS wanted was to stay out of jail. As the Crown would not settle for less than 15 months imprisonment we entered pleas of not guilty and scheduled the matter for trial.
At the commencement of trial we were successful in defeating the Crown’s application to amend the “trafficking” charge (on which there was no evidence) to possession for the purpose of trafficking (on which there was ample evidence). The only charge remaining was the cultivation charge. Bottom line: A deal was struck mid-trial for a Conditional Sentence Order (i.e.: “house arrest”).
Patrick C. Fagan is a highly accomplished lawyer with an impressive career spanning over 35 years in the legal field.