27. Regina v. P.V.R. [Provincial Court of Alberta, Calgary – November 2012]
As a consequence of information received by the police from a so-called reliable confidential informant they commenced an investigation into the alleged drug trafficking activities of our client. In particular, the police conducted surveillance on the home of our client and detained a person leaving those premises who claimed to have purchased marijuana (found in his pocket) from within those premises. The police thereafter obtained a warrant to search PVR’s home where they seized approximately ¾ of a kilogram of marijuana, several thousand dollars in cash, a digital scale and related paraphernalia including packaging materials. As a consequence of the foregoing our client was charged with possession of marijuana for the purpose of trafficking and possessing proceeds of crime. We entered pleas of not guilty to both charges and scheduled a trial in the Provincial Court of Alberta. Ultimately the entire matter was resolved by way of a plea of guilty to simple possession of marijuana and a fine. The corresponding charges of possession of marijuana for the purpose of trafficking and possessing proceeds of crime were completely withdrawn. This disposition was made possible as a consequence of a major portion of the seized marijuana being “shake” (which is of dubious commercial value) and not “bud” as originally thought by the Crown’s expert witness.
Patrick C. Fagan is a highly accomplished lawyer with an impressive career spanning over 35 years in the legal field.