1. Regina v. X.L.M. [Provincial Court of Alberta, Calgary – January 2013]
The police received a tip from a concerned citizen regarding a suspected residential marijuana grow operation. The police conducted surveillance on the home where they observed a male (allegedly XLM) leave the home and place a bag into a garbage can in the back alley. The police retrieved the garbage bag and found therein numerous items consistent with a marijuana grow operation. Two days later the police obtained a warrant to search the home; that search yielded a multitude of mature marijuana plants and related growing apparatus. Our client was arrested the next day and a search of his person revealed the presence of a Home Depot credit card which matched a receipt located in the grow house. The police charged XLM with possession of marijuana for the purpose of trafficking and production/cultivation of marijuana contrary to the Controlled Drugs and Substances Act. An offer of resolution by way of guilty plea as charged in exchange for 6 month actual imprisonment was rejected. We elected trial by way of Queen’s Bench and scheduled a preliminary inquiry. On the date first scheduled for preliminary inquiry the entire matter was resolved by way of a guilty plea to simple possession of marijuana and a fine. The much more serious charges of possession for the purpose of trafficking and production/cultivation were completely withdrawn. We also managed to secure a court order directing the return of our client’s seized motor vehicle.
Patrick C. Fagan is a highly accomplished lawyer with an impressive career spanning over 35 years in the legal field.