Regina v. G.R. [Provincial Court of Alberta, Calgary – July 2016]

G.R. was charged with possession of marijuana and crack cocaine. Members of the Calgary Police Service attended a residential neighborhood in relation to a “check on welfare” complaint. As. G.R. was driving his vehicle through the neighborhood, the police officer deemed that his vehicle was suspicious and stopped it. Upon engaging G.R. in conversation, the police purportedly observed the scent of marijuana and arrested the occupants of the vehicle. The police searched J.B’s person and the vehicle. The police discovered marijuana and crack cocaine. Sean Fagan filed a Charter notice alleging breaches of G.R.’s right not to be arbitrarily detained and his right to be free from unreasonable search and seizure. The Crown conceded the strength of Sean Fagan’s position which ultimately resulted in resolving this matter by the complete withdrawal of all charges.