9. Regina v. W.C.L. [Provincial Court of Alberta, Calgary – May 2013]
RCMP drug section conducted a controlled delivery of two packages containing a large quantity of anabolic steroids which had been intercepted by Canada Border Services Agents in Vancouver. An undercover RCMP officer posing as a postal employee hand delivered the packages to WCL. Our client was arrested on the spot and a search of his person revealed the presence of $6,000.00 cash. Subsequent to the arrest of WCL police obtained and executed a warrant to search his home where they seized an additional $8,000.00 cash, significant quantities of various anabolic steroids, receipts for previous postal transmissions, mailbox rental agreements, a pill press, empty pill capsules and a plethora of other paraphernalia indicative of a substantial steroid trafficking operation. A 3 month investigation conducted by the RCMP revealed that an additional 32 packages of anabolic steroids were seized by Canada Board Service Agents destined for multiple post office box locations in Calgary “linked” to our client. According to information derived by way of surveillance, confidential informants and multiple surreptitious garbage pulls are client was the recipient of those packages.
As a consequence of the foregoing WCL was charged with importation of anabolic steroids, possession of anabolic steroids for the purpose of trafficking and possessing proceeds of crime. We elected trial by way of Queen’s Bench and scheduled a preliminary inquiry. The Crown made it abundantly clear that if WCL was convicted of any of the offences at the end of trial that they would be seeking (not surprisingly) a lengthy jail term. In view of the fact that I perceived no winning avenues of defense (the RCMP conducted an airtight investigation) we redirected our efforts to “damage control”. In the end result we managed to negotiate the following disposition which put the entire matter to rest:
- A guilty plea was entered to possession of anabolic steroids for the purpose of trafficking.
- The charge of importation of anabolic steroids was completely withdrawn.
- The charge of possessing proceeds of crime was completely withdrawn.
- LCW received a sentence in the nature of a fine in the amount $10,000.00; we successfully applied to have that fine in its entirety paid from the so-called “proceeds” seized by the police
Patrick C. Fagan is a highly accomplished lawyer with an impressive career spanning over 35 years in the legal field.