16. Regina v. Q.T.T.& J.A.Y. [Provincial Court of Alberta, Calgary – September, 2013]

During the month of June 2012 members of the Green Team South (“GTS”) conducted an extensive investigation involving confidential informants and surveillance relative to a suspected marijuana grow operation. In pursuit of their investigation GTS installed a DRA monitoring device on the target premises which measured the ebb and flow of electricity in the home. According to a police marijuana “expert” the DRA graph revealed a power consumption pattern consistent with a grow operation. Armed with the information aforesaid the police obtained a warrant to search the target premises. To make matters worse (from a defense perspective) prior to executing the search warrant the police observed Q.T.T. in his Cadillac attending various locations (including a “Quick Grow Store”) known to provide items used in marijuana grow operations. The police also observed Q.T.T. and J.A.Y. enter the garage of the target residence (separate vehicles) using electronic door openers.

As the police tac team entered the target premises with the warrant to search they were greeted by Q.T.T. and J.A.Y. In the basement the police located a sophisticated three stage soil based grow operation. According to the police the potential revenue generated by this crop (if sold by the pound) would be $457,000.00 and approximately $731,000.00 if sold by the ounce. In the upstairs area of the home the police also located multiple pounds of packaged marijuana “bud” ready for sale as well as digital scales, a heat sealer and a large quantity of ziploc bags.

Q.T.T. and J.A.Y. were charged with production/ cultivation of cannabis marijuana, possession of cannabis marijuana for the purpose of trafficking, theft of electricity (there was an electrical bypass) and theft of water (there was a water bypass). As Q.T.T. had an extensive record of prior convictions (which included previous jail terms for trafficking in marijuana and cultivation of marijuana) the Crown was seeking a lengthy period of imprisonment in a federal institution. We elected trial by way of Queen’s Bench and scheduled a date for preliminary inquiry relative to both accused. Bottom line: on the first day of the preliminary inquiry we were successful in killing this most serious prosecution in its entirety against Q.T.T. and J.A.Y. by way of aStay 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..

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