4. Regina v. R.U.N. [Provincial Court of Alberta, Calgary – February 2018]

The police were in the midst of an ongoing drug investigation when R.U.N. surfaced during surveillance as a potential target. One investigative thing ultimately led to another resulting in the execution of a Warrant to Search on R.U.N.’s residence and a corresponding search of his BMW. As a consequence of a search of R.U.N.’s bedroom the police seized a relatively large amount of cocaine and an assault rifle. A search of the BMW revealed the presence of multiple individually wrapped packages of cocaine. Consequently, R.U.N. was charged with numerous offences including the following:

  1. Possession of cocaine for the purpose of trafficking contrary to Section 5(2) of the Controlled Drugs and Substances Act .  
  2. Possession of Proceeds of Crime contrary to Section 355(a) of the Criminal Code.  
  3. Possession of an assault rifle for a purpose dangerous to the public peace contrary to Section 88(1) of the Criminal Code.  

Bottom Line: After obtaining, reviewing and analyzing full disclosure from the Crown, Patrick Fagan identified a number of substantive and constitutional problems with the case for the prosecution vis a vis R.U.N.. Ultimately, through negotiation with the assigned Crown prosecutor, all charges were ultimately resolved by way of a guilty plea to simple possession of cocaine and a $1,500.00 fine.

The other persons charged in connection with the same investigation (who have retained alternate legal counsel) are still before the Courts