SUMMARY: Canmore RCMP patrolling a local park came across friends seated in a circle passing around drugs

OFFENCE: Possession of a controlled substance

RESULT: Charges Withdrawn

LAWYER: Sean Fagan

REGINA v. J.P. – July 2018

CHARGES: Section 4(1) of the Controlled Drugs and Substances Act

J.P, a temporary worker from another country, was working in Banff, Alberta and enjoying the lifestyle that the Bow Valley Parkway offered when he found himself criminally charged and at risk of being deported.

J.P and his friends were relaxing in a local park, enjoying the weather and seated in a circle and passing around a bag containing some pills when members of the RCMP approached them and demanded to see what was in the bag. Unfortunately for J.T., he was the one caught holding the bag when the police arrived. J.T. handed over the bag and spoke candidly to the RCMP officers about the nature of the substance in the bag, failing to appreciate the trouble that he was in and the potential for criminal charges to be laid. The police charged J.P. with possession of a controlled substance, and J.P.’s future in Canada was suddenly put at risk.

Often, the relaxed attitude toward drugs that is seen on television, social media, or in certain social circles, will influence a person’s belief regarding drug laws or the application of drug laws in a particular country, province or city. Mistaken belief of the law is not a defense in Canada.

After J.P. was criminally charged, he soon realized the seriousness of the situation, and the need to hire a top Alberta criminal lawyer. Canmore criminal lawyer Sean Fagan was successful at securing the withdrawal of the criminal drug charge within a very short period of time, allowing J.P. to carry on with his life in Canada.