25. Regina v. R.C. [Provincial Court of Alberta, Calgary – October, 2011]

Client was the primary target of a Joint Forces Operation (“JFO”) operation involving the RCMP and CPS. As a result of informant information and ongoing police surveillance the police executed a search warrant on our client’s home where they seized cocaine, marijuana, cash and crack cocaine cooking paraphernalia. Client was charged with 7 counts including possession of cocaine for the purpose of trafficking, manufacturing cocaine and possessing proceeds of crime. At the onset of this prosecution the Crown was seeking a period of imprisonment of three and a half years in exchange a timely guilty plea – offer rejected. On day one of trial proceedings shortcomings in the case for the prosecution (including proof of possession beyond a reasonable doubt and problematic expert opinion evidence) resulted in the entire matter being dealt with by way of a finding of guilt relative one count of simple possession of a controlled substances and breach of recognizance. The Court imposed a fine of $3,000.00. We thereafter successfully applied to have the $3,000.00 fine paid in full by way of the cash seized by the police and everyone went home.

Patrick Fagan

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