Regina v. F.M.Z. [Provincial Court of Alberta, Calgary – Jan 2017]

Breach of a Conditional Sentence Order after Trafficking Cocaine to an Undercover Police Officer

Prior to trial, F.M.Z. pleaded guilty to section 5(1) (trafficking in cocaine) of the Controlled Drugs and Substances Act (“CDSA”). Sean Fagan was not F.M.Z’s lawyer at the trial stage. F.M.Z. was fortunate in that the date of the offences pre-dated the effective mandatory minimum periods of imprisonment; consequently, F.M.Z. received a conditional sentence order (house arrest). F.M.Z was subject to a multitude of conditions including house arrest, reporting requirements, and community service hours. F.M.Z. was found to have repeatedly breached these conditions. He effectively ignored the requirements of his house arrest. Consequently, the Crown brought an application to have F.M.Z. serve the remainder of his house arrest sentence – over a year – in prison. Sean Fagan successfully opposed the Crown’s application, and F.M.Z. was allowed to serve the remainder of his sentence on house arrest.