2. Regina v. L.R.K. [Provincial Court of Alberta, Lethbridge – January 2018]
L.R.K.’s only “crime” was to have a significant other who was the target of a sophisticated drug investigation that extended over several months. Not once during the course of the police investigation was L.R.K. ever found to be engaged in remotely suspicious let alone unlawful activity. Information gleaned by way of a multitude of confidential informants and protracted police surveillance led inexorably to only one conclusion – L.R.K. was NOT involved in illegal activity.
On the day of the “take-down” of all targets and execution of Warrants to Search at a multitude of locations, L.R.K. was at her place of employment. The police called L.R.K. advising that they were searching a residence and required her assistance to take care of 2 dogs belonging to L.R.K. and her significant other. L.R.K., trusting the Lethbridge Police Service, attended the residence where she was promptly placed under arrest, transported to lock-up and charged with a multitude of offences including:
- Possession of cannabis marihuana for the purpose of trafficking contrary to Section 5(2) of the Controlled Drugs and Substances Act.
- Possession of cannabis resin for the purpose of trafficking contrary to Section 5(2) of the Controlled Drugs and Substances Act.
- Possessing Proceeds of Crime contrary to Section 355(a) of the Criminal Code
- Possession of oxycodone (“morphine”) for the purpose of trafficking contrary to Section 5(2) of the Controlled Drugs and Substances Act .
For the next year the Lethbridge Police Service chose to ignore L.R.K.s ’ repeated pleas of innocence and compelled he r to choose between 2 unattractive options – schedule the matter for trial and hope for the best or plead guilty and go to jail.
It wasn’t until Patrick Fagan filed a Notice of Motion with the Provincial Court of Alberta seeking an order quashing the Information (formal charging document), seeking relief pursuant to the Canadian Charter of Rights and Freedoms (the “Charter”) including the violation of her right to the security of her person as guaranteed by Section 7 of the Charter and Abuse of Process that the Lethbridge Police Service finally (colloquially speaking) saw the light.
Bottom Line: After an entire year of ruinous media coverage, mounting legal fees and all of the apprehension and anxiety that comes with being charged (let alone, wrongfully charged) in a prosecution like this, the entire matter (that is, all charges against L.R.K.) was terminated/killed by way of the entry of 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..
For those of you who may have an interest in the sordid details germane to this ill -conceived prosecution against L.R.K. the Notice of Motion filed in the Provincial Court of Alberta on January 15, 2018 can be viewed in vetted form by clicking here.
Patrick C. Fagan is a highly accomplished lawyer with an impressive career spanning over 35 years in the legal field.