22. Regina v. D.D. [Provincial Court of Alberta, Canmore- October, 2010]
Client was apprehended by the R.C.M.P. in a radar “trap” while on Hwy #1 near Canmore Alberta. While dealing with our client at roadside the police detected the scent of cannabis marijuana. The police arrested our client for illegal possession of controlled substance and a search of his motor vehicle revealed the presence of approximately one ounce of marijuana. Police charged our client with possession of cannabis marijuana and we were instructed to vehemently defend this prosecution by our client (married professional whose executive livelihood was in jeopardy as a consequence of this drug prosecution) so a plea of not guilty was entered and a trial date scheduled. The Crown repeatedly refused to resolve the case through negotiation – so be it. At trial we successfully challenged the constitutionality of the search and seizure on the basis of the violation of our client’s right to be secure against unreasonable search or seizure and the learned trial judge excluded the material evidence (i.e.: cannabis marijuana) from the proceedings leaving the Crown with no evidentiary leg to stand on. We also successfully challenged the admissibility of the critical certificate of analysis as a consequence of noncompliance with the notice provision of the Controlled Drugs and Substances Act. With the absence of this document the Crown could not prove beyond a reasonable doubt that the substance seized from the police was in fact cannabis marijuana. Either way. . . we win. Our client was obviously found not guilty.
Patrick C. Fagan is a highly accomplished lawyer with an impressive career spanning over 35 years in the legal field.