Sections 5(2) x 2 of the Controlled Drugs and Substances Act (Crack and powder cocaine)
Section 145(3) x 2 of the Criminal Code of Canada – Breach of Release conditions
Members of the Calgary Police Service (“CPS”) observed J.B. driving down Deerfoot trail in a high end luxury car, and for reasons unknown, decided to run his license plate in the police computer databases. The results indicated that J.B. was subject to a Conditional Sentence Order, and was bound by a curfew. As it was 20 minutes past J.B.’s Court mandated curfew, the CPS members executed a traffic stop on J.B.’s vehicle.
When the Police approached the driver’s side door of the vehicle, they purportedly smelled fresh marihuana. Consequently, the police arrested J.B. for the violation of his conditions and questioned him regarding the smell of marihuana. J.B. ultimately admitted that there was a small amount of marihuana in the vehicle, so the police placed J.B. under arrest for possession of a controlled substance. Numerous other CPS officers arrived on scene and did a detailed search of the vehicle. The police ultimately found multiple individually packaged bags of powdered and crack cocaine. J.B. was re-arrested for possession for the purpose of trafficking and charged with numerous offences under the Controlled Drugs and Substances Act. The usual early case resolution offer for cases of this nature is 2-years incarceration.
J.B. hired defence lawyer, Sean Fagan, who scheduled the matter for trial. Prior to trial, Sean Fagan filed a notice of his intention to exclude all the evidence obtained in the unlawful search of J.B.’s vehicle. Prior to trial, Sean Fagan was successful at convincing the Crown of the strength of J.B.’s defences. The matter was ultimately resolved by way of a fine, with no convictions for possession for the purpose of trafficking.