R. v. A.T. [Provincial Court, Calgary January 2017]

A.T. retained Ms. Fagan to defend ten serious criminal charges stemming from the police search of a vehicle that A.T. had been driving. In the center console of the vehicle the police located a handgun, methamphetamine, cocaine, crack cocaine, marijuana and a significant amount of cash. A.T. with the following offences, including:

Section 5(2) of the Controlled Drugs and Substances Act – Possession of cocaine for the purposes of trafficking

Section 5(2) of the Controlled Drugs and Substances Act – Possession of methamphetamine (“meth”) for the purposes of trafficking

Section 354 of the Criminal Code – Possession of proceeds of crime

Section 86(1) of the Criminal Code – Possession of a weapon for a purpose dangerous to the public peace

Section 91(1) of the Criminal Code – Possession of a firearm with a license

Section 129 of the Criminal Code – Obstruction of justice

Ms. Fagan alleged that there were significant breaches of her client’s Charter rights including breaches of his right to make full answer and defence, his right to a fair trial, his right to be tried within a reasonable time, his right not be arbitrarily detained and his right to be free from unreasonable search and seizure. This matter was scheduled for trial twice.

BOTTOM LINE: On the first day of the second scheduled trial date the Crown conceded the strength of Ms. Fagan’s Charter position and entered a stay of proceedings on all charges (i.e. all charges against A.T. were withdrawn).