Regina v. Y.K.T. [Provincial Court of Alberta, Calgary – February 2017]

Simple Possession of Cannabis Marijuana contrary to section 4(1) of the CDSA (Controlled Drugs and Substances Act)

In this very unusual factual scenario, Y.K.T., suffering from a mental condition and feeling immense guilt for his possession of cannabis, walked into the Calgary Police Service main branch with a marijuana joint in hand and asked to be arrested for unlawful possession of marijuana. To their credit, the Calgary Police Service seized the marijuana but did not wish to lay criminal charges. However, Y.K.T. insisted that he be arrested for his unlawful conduct. Once charges are laid, it is up to the Crown, not the police, whether the prosecution proceeds. The unique factual circumstances of this case did not lend itself to traditional defences; however, Sean Fagan ultimately successfully resolved this matter by way of the withdrawal of the charge.