R. v. RAH [Provincial Court of Alberta, Airdrie – October 2021]

SUMMARY: As a consequence of a shot being fired through the wall of a home in Airdrie, the RCMP were summoned to the scene and an investigation led shortly thereafter to their attendance upon the residence of RAH. When the police entered the residence, not only did they locate the firearm from which the stray shot was fired but a large quantity of fentanyl and cocaine. Consequently, RAH was arrested and charged with the following offences: 

  1. Possession of a firearm without holding a licence; 
  2. Possession of cocaine for the purpose of trafficking; 
  3. Possession of fentanyl for the purpose of trafficking; 
  4. Possession of proceeds of crime. 

Bottom Line: Patrick Fagan was successful in convincing the Crown as to the weakness of the case for the prosecution (from a substantive and constitutional perspective) vis a vis RAH. The entire matter was successfully concluded in relation to RAH by way of a complete WITHDRAWAL of ALL charges prior to commencement of trial proceedings.