6. Regina v. S.D. [Provincial Court of Alberta, Calgary – March 2013]
As a consequence of a 9 month investigation involving extensive surveillance and the execution of multiple warrants to search the police ultimately apprehended SD and charged him with numerous offences including 4 counts of possession of cocaine for the purpose of trafficking, possession of ecstasy for the purpose of trafficking, possession of cannabis marijuana for the purpose of trafficking, possession of methamphetamine (speed) for the purpose of trafficking, possession of cannabis resin (hash) for the purpose of trafficking, 2 counts of possessing proceeds of crime and one count of breach of recognizance. Given the severity of many of the charges aforesaid SD had a right of “election” and we refused to enter an election given the problematic nature of existing disclosure. Despite pressure on the Defense by the Crown and the Court to schedule this matter for preliminary inquiry or trial we refused to do so until resolution of the “disclosure” issues. Bottom line: the disclosure issues never were resolved (at least not in a timely manner) thus leaving the Crown with no reasonable alternative but to withdraw all charges.
Patrick C. Fagan is a highly accomplished lawyer with an impressive career spanning over 35 years in the legal field.