SUMMARY: Roadside traffic stop leads to search of vehicle and charges for possession of heroin and fentanyl
OFFENCE: Possession for the purpose of trafficking Fentanyl
RESULT: Charges stayed
DEFENCE LAWYER: Sean Fagan
Regina v. X.X. – March 2020
Charges: Section 5(2) of the Controlled Drugs and Substances Act
Fentanyl is a very dangerous and illegal substance that has caused significant tragedy on Canadian society over the last 5 years. It is an strong, highly addictive opioid that has led to the death of countless Canadians.
As a result of the harm that fentanyl has affected on Canadian society, the criminal Courts have imposed significantly higher sentencing guidelines for those caught in possession of Fentanyl for the purpose of trafficking. Years are added to a typical sentence for a trafficking offence, solely on the basis of the danger the drug possesses.
If you are convicted of trafficking or possession for the purpose of trafficking in fentanyl, the question isn’t if you will go to jail, it’s how long. And the length of time can easily reach into the double digits for those possessing the substance on a wholesale level.
In this case, X.X. was charged with possession for the purpose of trafficking in fentanyl following a traffic stop. He and his co-accused were driving a motor vehicle when a traffic stop was conducted on their vehicle for driving too slow.
The police officer made observations that led him to believe that X.X. was in possession of narcotics and ultimately searched the vehicle. A significant amount of a substance believed to be heroin/fentanyl was found, and X.X. was charged.
X.X. ultimately retained the legal services of Sean Fagan, who has a lot of experience in successfully defending drug prosecutions. In this case, Sean Fagan was ultimately successful at securing a stay of proceedings on the matter, and X.X. was spared a criminal record and jail time.