25. Regina v. R.J. [Provincial Court of Alberta, Rocky Mountain House – November, 2013]

R.J. was the target of a police undercover investigation involving confidential informants and extensive police surveillance. As a consequence of that investigation the police charged R. J. with a number of offences including possession of oxycontin (“morphine”) for the purpose of trafficking and multiple firearms offences. While in custody the police interrogated R.J. and managed to secure an admission of trafficking. The circumstances surrounding seizure of the guns and drugs were such as to give rise to various issues under the Canadian Charter of Rights and Freedoms; the obtaining of R.J.’s statement by the police was also subject to Charter scrutiny. Bottom line: the matter was ultimately dealt with by way of a conviction for simple possession of a controlled substance and a fine. We were also successful in securing an order returning to R.J. all firearms and cash seized.

Patrick Fagan

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