The police conducted an investigation into a suspected residential marijuana grow operation. The investigation included ongoing surveillance, British Columbia hydro records, communication with Health Canada and FLIR examination of the heat signatures emanating from the residence. The police sought and obtained a warrant to search the home of SR. A search revealed the presence of a sophisticated three stage marijuana grow operation which (according to the police) would yield annual monetary returns of approximately $300,000.00. When the police kicked in the front door SR (who was standing just inside) made a run for it – he didn’t get far.
The police charged SR with production/cultivation of marijuana, possession of marijuana for the purpose of trafficking and theft of electricity. During the course of preparation for trial Patrick Fagan ascertained through Crown disclosure that the police had previously entered the home without a warrant to search, had seized evidence of a marijuana grow operation but had chosen not to charge SR. Unfortunately (at least for the police) the information acquired by way of this earlier unconstitutional search made its way into the application for the warrant to search giving rise to this prosecution.
Bottom Line: the prosecution was terminated/ killed in its entirety by way of the entry of a stay of proceedings .