10. Regina v. S.J. [Provincial Court of Alberta, Calgary – April, 2012]
S.J. was the target of police surveillance during which activity consistent with drug trafficking (according to the police) was observed. The investigation culminated in the arrest of S.J. in his motor vehicle and a subsequent search of his home by way of warrant. The search incidental to S.J.’s arrest yielded several thousand dollars cash and approximately once ounce of crack cocaine; the search of his residence yielded approximately $6,000.00 in cash and other drug related paraphernalia including body amour. S.J. was charged with ten separate offences including multiple breaches of court orders, possessing proceeds of crime, weapons and (most significantly) possession of cocaine for the purpose of trafficking. A Crown offer of two years imprisonment in a federal institution in exchange for a plea of guilty to possession of cocaine for the purpose of trafficking/proceeds/weapons was promptly rejected. The matter was scheduled for preliminary inquiry and on the first day of those proceedings the entire prosecution was dealt with by way of a finding of guilt germane to two counts of breaching a recognizance and illegal possession of bearspray. The court imposed a fine of $1,500.00 and all other charges (including possession of cocaine for the purpose of trafficking and possessing proceeds of crime) were completely withdrawn.
Patrick C. Fagan is a highly accomplished lawyer with an impressive career spanning over 35 years in the legal field.