R. v. P.K. [Alberta Provincial Court, Calgary, July 2018]

The police conducted a vehicle stop on P.K.’s vehicle after observing that it had damage to its front end. Police computer database checks showed that P.K. had a warrant for his arrest. He was arrested and his vehicle was searched incident to arrest. He was ultimately charged with three counts of section 5(2) of the Controlled Drugs and Substances Act – Possession for the purposes of trafficking in cannabis resin, cocaine, methamphetamine and with possession of proceeds of crime. Ms. Fagan took the position that the amount of drugs seized was more consistent with personal use than it was with trafficking (notwithstanding that the police seized a cell phone with drug-related conversations; a scale; drug packaging and cash). ‘No guilty’ pleas were entered and the matter was scheduled for trial.

BOTTOM LINE: Ms. Fagan was able to secure Alternative Measures for her client (in other words, upon the completion of community service hours P.K.’s charges were completely withdrawn).