12. Regina v. T.C. [Provincial Court of Alberta, Canmore – April, 2011]
Client was operating a motor vehicle east bound on highway #1 near Lake Louise Alberta when he was pulled over by an RCMP highway patrolman/ drug cop. This highly trained officer employed classic pipeline interdiction methodology which ultimately resulted in a search of our client’s vehicle. As a consequence of that search the police located a suitcase containing 28 ½ pound bags of cannabis marijuana. We rejected an offer of an 18 month conditional sentence order (i.e.: house arrest) in exchange for a guilty plea as charged and scheduled a date for trial. At trial we challenged the admissibility of all evidence acquired by the police during the course of their investigation/ search pursuant to section 24(2)of the Charter as a consequence of the violation of our client’s right to be secure against unreasonable search or seizure as guaranteed by section 8 of the Charter. As matters turned out we never got the chance to argue the Charter dimension of this case. Rather, we challenged the admissibility of the critical certificates of analysis on the basis of non-compliance with section 52 of the Controlled Drugs and Substance Act. Faced with insurmountable evidentiary problems in this regard the Crown killed/terminated this prosecution by directing the Court to enter a Stay of Proceedings is a legal term used to refer to a direction by a Crown prosecutor or a Judge to the Clerk of the Court to terminate a criminal prosecution. Click for more information..
Patrick C. Fagan is a highly accomplished lawyer with an impressive career spanning over 35 years in the legal field.