SUMMARY: Gang enforcement team executes search warrants on multiple locations while investigating dial a dope operation
OFFENCE: Possession for the purpose of trafficking cocaine
RESULT: no criminal record
DEFENCE LAWYER: Sean Fagan
Regina v. X.X. – June 2020
Charges: Section 5(2) of the Controlled Drugs and Substances Act
Members of the Calgary Police Service (“CPS”) Gang Enforcement Team (“GET”) initiated a drug trafficking investigation aimed at individuals running a dial-a-dope business operating within the city of Calgary. During this investigation multiple people, residences and vehicles were targeted. This was a surveillance-based investigation where CPS officers surreptitiously followed and watched these people and locations. At the conclusion of the investigation and based on evidence and observations made by members of GET, the officers obtained a search warrant to search the multiple locations and vehicles, and arrest the individuals.
Search of the location resulted in the seizure of:
– a significant amount of cash
The total value of the seizures was valued at 6 figures.
X.X. was arrested and charged in relation to the seizures.
Although the climate towards drugs across the world has softened, Alberta has been slow to move. Sentences for offences of this nature still have a starting point of 4 years’ incarceration for a person with no criminal record.
A person charged with offences cannot be penalized for running a trial. Although a person will receive some leniency for an early guilty plea, often it is of minimal value when one looks at the overall sentencing circumstance, and actual time that will be served. Consequently, people charged with drug trafficking offences are often in a position where they have two choices:
- Plead guilty and go to jail
In light of this, X.X. retained Sean Fagan, who X.X. knew was a criminal lawyer with deep experience in fighting and winning drug prosecutions. Ultimately, Sean Fagan was successful at having the matter resolved by way of a resolution to simple possession, and obtaining a conditional discharge, saving X.X. a criminal conviction and a lengthy period of incarceration.