9. Regina v. T.E.H. [Provincial Court of Alberta, Calgary – April, 2011]
RegClient charged with possession of a controlled substance for the purpose of trafficking, proceeds of crime and multiple weapons offences (including possession of a handgun with readily accessible ammunition. . . an offence that carries a minimum sentence on conviction of 3 years imprisonment) as a consequence of police search of a motor vehicle and our client’s home. The matter was scheduled for preliminary inquiry where the co-accused entered a plea of guilty; our client maintained his “innocence” and we pressed on in defense of this prosecution. Bottom line: the entire case against our client fell apart when it was established that the so-called handgun was not a firearm within the meaning of the Criminal Code and there was no reasonable likelihood of conviction on the drug charges given the substantive and constitutional issues favourable to the defense. Bottom line: all charges against our client were dismissed.
Patrick C. Fagan is a highly accomplished lawyer with an impressive career spanning over 35 years in the legal field.