28. Regina v. M.M.M. [Court of Queen’s Bench of Alberta, Calgary – October 2014]
The police received a tip from a confidential source that there was a marijuana grow operation in the residence of MMM and his roommate. Consequently, the police conducted an investigation involving extensive surveillance and the installation of a DRA device to measure the electrical draw and cyclical patterns within the target residence. The police thereafter obtained a warrant to search the premises and upon entry located a sophisticated three stage marijuana grow operation with approximately 422 mature plants valued at several hundred thousand dollars. MMM was arrested while leaving the premises; his roommate was arrested inside the home. Patrick Fagan was retained by MMM and the roommate retained his own lawyer.
The Crown extended an offer of a 2 year conditional sentence order (i.e.: house arrest) in exchange for a plea of guilty to either possession for the purpose of trafficking or commercial production of cannabis marijuana. Patrick Fagan rejected that offer of resolution and scheduled the matter for preliminary inquiry. At the conclusion of the preliminary inquiry MMM and his roommate were ordered to stand trial on the drug charges and discharged on the singular count of theft of water.
Between the order committing both accused to stand trial and trial the roommate plead guilty as charged and received a conditional sentence order (i.e.: house arrest) of 2 years. MMM held firm, maintained his pleas of not guilty and prepared to challenge the investigation giving rise to the seizure of material evidence on the basis of multiple violations of his Charter rights.
Bottom Line: On the first day of a 1 week trial the matter was dealt with in relation to MMM by way of a guilty plea to simple possession of cannabis marijuana and a fine. The much more serious charges of possession for the purpose of trafficking and commercial production were completely withdrawn.
Patrick C. Fagan is a highly accomplished lawyer with an impressive career spanning over 35 years in the legal field.