July 20th, 2018

Presence Of Other Explanations Does Not Negate Probable Grounds – R v Ha, 2018 Alberta Court Of Appeal

Law Updates Tags: , ,

Appeal from conviction for possession of cocaine for the purposes of trafficking. Officer observed what he thought was a drug transaction. He radioed to ask whether other police members had information about the registered owners of the vehicles involved. A superior replied that Mr. Ha was a known drug dealer. On this basis, the constable … Read More.

November 20th, 2017

Impaired Driving, Charges Stayed – R v S(O-P) Edmonton Provincial Court

Firm Cases Tags: , , ,

Accused charged with impaired driving. Impairment believed to be caused by drugs. Police attended at a parking lot area in response to a complaint of an intoxicated person who had just parked his vehicle. Police investigation began with a search of the accused’s vehicle.   Suspected drug residue and drug paraphernalia found inside the vehicle. … Read More.

October 6th, 2016

R. v. A.M. 2016 Fort McMurray Provincial Court

Firm Cases Tags: , ,

Client was charged with possession of drugs, including cocaine and heroin, for the purpose of trafficking, along with the possession of a tazer. Potential jail sentence if convicted after trial could have been in the 5 year range.   Amount of drugs seized indicative of wholesale trafficking.  A search warrant was executed on a residence based … Read More.

September 27th, 2016

R. v. C. D. 2016 Edmonton Queen’s Bench

Firm Cases Tags: , , ,

Client charged with numerous drug and weapons offences as a result of police entry into her residence. Upon entering the residence the officers noted marijuana in “plain view”.  Client was arrested, a search warrant was obtained, and other drugs and weapons were located.  Charter notice was filed  alleging unlawful entry on the part of the … Read More.

September 23rd, 2015

R. v. B.D. 2015 Court of Queen’s Bench, Edmonton

Firm Cases Tags: , ,

R. v. B.D., 2015 ABQB – client charged with possession for the purpose of trafficking and possession of proceeds of crime. He was arrested in a vehicle with two other individuals, and was seated in the backseat of the vehicle. While the controlled substance at issue was found in the pant leg of an associate … Read More.

December 29th, 2017

R v Gilmour, 2017 Edmonton Queen’s Bench – Bad Drug Search

Law Updates Tags: , ,

Trial on various charges including possession of drugs for the purpose of trafficking. Facial validity challenge to warrant authorizing search of accused’s residence.  Held: s 8 breach; evidence excluded under 24(2).  At most, evidence supported reasonable suspicion that accused was somehow involved in trafficking; no reasonable grounds regarding trafficking activity or evidence at her residence. … Read More.

November 23rd, 2017

R v Gay, 2017 Edmonton Court Of Queen’s Bench – Constructive Possession Of Drugs In Car

Law Updates Tags: , ,

Trial on a number charges including possession of various drugs for the purposes of trafficking. After a traffic stop, police discovered drugs and a gun inside a black bag in the back seat of the vehicle, and more drugs inside a covered rear seat cubby. Issue of whether possession was established. Held: Acquitted.  Nguyen, 2009 … Read More.

November 16th, 2017

R v Fuller, 2017 Court Of Appeal (Alberta) – 18 Months Jail, Trafficking In Cocaine

Law Updates Tags: , , ,

Accused appealed his 18 month sentence for selling 1g of cocaine to an undercover officer on two occasions. PSR not positive. Issue on appeal regarding the impact of appellant’s numerous mental health and addiction difficulties on sentence. Trial judge relied on Verwindt, 2016 ABPC 70 regarding two bases for mental health to be mitigating: if … Read More.

R v Plourde, 2017 Court Of Appeal (Edmonton) – Drug Experts & Reliability

Law Updates Tags: , ,

  Defence appeal from conviction on charges of possession for the purpose of trafficking and flight from police. Appellant was found with 34.7g of methamphetamine in his pocket. At trial, a police constable was qualified as an expert and gave opinion evidence that the quantity of drugs was consistent with trafficking, and not personal consumption. … Read More.

October 12th, 2017

R v Blyan, 2017 Alberta (Edmonton) Court Of Appeal per Berger, Wakeling, Strekaf, JA – T. Judge: Valgardson, PCJ:

Law Updates Tags: , ,

Appeal from conviction on charges of possession of drugs for the purpose of trafficking. During arrest, the accused’s cell phone rang, and a drug order was made using street jargon (“hookup”). Issue as to whether trial judge erred in relying in part on the content of the telephone calls. Held: Appeal dismissed. Trial judge properly … Read More.