20. Regina v. S. H. [Provincial Court of Alberta, Calgary – September 2012]

Client was one of several targets of ongoing police surveillance which resulted in the search by warrant of residential premises. As a consequence of that search police seized a hand gun with readily accessible ammunition, cannabis marijuana and cocaine. In addition to in excess of one ounce of cocaine from the residence police seized approximately 9.1 grams of cocaine from the sock of our client at the time of his arrest. As a consequence of the foregoing S. H. was charged with multiple offences including possession of cocaine (and marijuana) for the purpose of trafficking, possession of proceeds of crime (approximately $9,000.00 in cash) and weapons offences carrying a minimum (if convicted) of 3 years imprisonment. An election of trial by way of the Court of Queen’s Bench of Alberta was entered and a preliminary inquiry scheduled. At the preliminary inquiry we managed to resolve this most serious prosecution without the cost and risk associated with trial. Specifically, we placed our cards on the table relative to the strength of our substantive and Charter defences and the Crown acknowledged same. The entire matter was dealt with by way of a plea of guilty to simple possession of cocaine and a $500.00 fine; all other charges (including possession for the purpose of trafficking and weapons) were completely withdrawn.

Patrick Fagan

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