4. Regina v. O.H. [Provincial Court of Alberta, Calgary – February 2014]

In January 2013 members of the “Green Team South” received a crime stoppers tip that a marijuana grow operation may exist at specified residential premises. The police thereafter conducted an in-depth investigation involving surveillance and the installation of two Digital Recording Ammeters (DRAs) to the power lines supplying the residence. According to the police the DRA results depicted a pattern of power consumption consistent with a marijuana grow operation. The police obtained and executed a warrant to search the premises where they located a large marijuana grow operation valued (according to the police) at $455,000.00. During the course of the search OH and spouse arrived at the residence and were placed under arrest.

As a consequence of the foregoing OH and spouse were charged with production of marijuana, possession of marijuana for the purpose of trafficking and theft of electricity. An election of trial by way of Queen’s Bench was entered and a date scheduled for preliminary inquiry. At the commencement of the preliminary inquiry we were successful in killing this prosecution against OH by way of a complete withdrawal of all charges.

Patrick Fagan

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