23. Regina v. R.H. [Provincial Court of Alberta, Calgary – October, 2011]

Client drove into a check stop where the police immediately detected the “overpowering” scent of fresh marijuana. Consequently, the police searched the vehicle and seized a relatively large quantity of marijuana, packaging material and scales. Client was arrested and charged with possession of marijuana for the purpose of trafficking. At trial we challenged the admissibility of the certificate of analysis on the basis of non-compliance with section 52 of the Controlled Drugs and Substances Act. The learned trial judge reserved his decision in this regard but before a decision could be rendered the Crown killed this most serious prosecution by directing the entry of a Stay 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..