June 3rd, 2019

Crown Withdraws Drug Trafficking Charges Following Cross-Examination of Police Officer – R. v M., 2019 Edmonton Provincial Court

Firm Cases Tags: ,

Client was charged with drug trafficking. The allegations were that the client was involved in a hand-to-hand drug transaction with an undercover police officer. The investigation relied on a “catch-and-release” method, whereby the suspect is identified, but not immediately arrested, following an undercover buy. Held: Charges withdrawn. Crown elected to withdraw the charges at the … Read More.

June 8th, 2018

No Entrapment Where Reasonable Suspicion Based On Bona Fide Inquiry – R v Wolfe, 2018 Edmonton Provincial Court

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Application for a stay on the basis of entrapment after accused pleaded guilty to trafficking oxycodone. Offence took place at Tim Hortons in downtown Edmonton, a noted location in EPS’s undercover ‘Operation Disorder’, which targeted drug trafficking. Undercover officer asked a group of people, which included accused, if they knew where he could find any … Read More.

November 16th, 2016

R. v. B.J. 2016 Fort McMurray Queen’s Bench

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Client charged with drug trafficking and possession for the purposes. Police get a tip that two individuals are going to be transporting drugs from FM to Saskatchewan. Based on this limited information police purport to locate the accused at the airport as he waited to board a flight, detain and search him, whereupon drugs are … Read More.

November 14th, 2016

R. v. S.V. 2016 Supreme Court Of Canada

Firm Cases Tags: , , ,

Appeal of conviction on one count of possession for the purpose of trafficking in cocaine. There was a 3-year delay in getting to trial, with none of the delay being the fault of the accused. The delay was the result of delays in getting disclosure, the Crown’s decision to prosecute multiple individuals on the same … Read More.

September 23rd, 2015

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

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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.

February 9th, 2018

R v L’Hirondelle, 2018 Alberta Court Of Appeal – Cocaine Trafficking Sentence Increased To 1 Year

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Crown appeal from sentence of 168 days jail (resulting in 90 days intermittent after credit for pretrial custody) for possession of cocaine for the purpose of trafficking. 5.3 g of cocaine with $540 street value. Mitigating factors included guilty plea, family support, genuine remorse, enrolment in education, and desire for addictions treatment. 21-year-old accused with … Read More.

November 23rd, 2017

R v Affi, 2017 Alberta Court Of Appeal (Edmonton) – Trafficking Sentence Of 3 Years Upheld

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Defence appeal from 3-year sentence after accused pleaded guilty to possession of cocaine for the purposes of trafficking. Appellant was 24 years old, and had a prior related record. Suggestion that appellant dealt drugs to support his own addiction. Issue on appeal of whether sentencing judge erred in giving the guilty plea limited weight since … Read More.

May 30th, 2017

R v Frazer, 2017 ABPC 116 per Mason, PCJ:

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Accused pleaded guilty to trafficking in fentanyl. 4 pills sold to an undercover police officer for $100. Crown sought 18 months jail plus probation. 36 year old accused with an extensive record. Held: 3 years jail. Pre-trial custody time deducted from the 3 year sentence.”Trafficking in fentanyl is almost the equivalent of putting multiple bullets … Read More.

May 19th, 2017

R v Cardinal, 2017 ABPC 81 per Groves, PCJ:

Law Updates Tags: , , ,

Accused pleaded guilty to possession of drugs for the purpose of trafficking. Drugs included morphine, cannabis, marihuana and fentanyl. Accused inserted the drugs into his rectum, and then intentionally got arrested. Original intent was to transport the drugs into the Edmonton Remand Centre for sale. Accused was acting under some duress from a gang. While … Read More.

March 6th, 2015

R. v. Legerton, 2015 ABCA 79 per Berger, Rowbothan, O’Ferrall, JA, T. Judge: Bascom, PCJ

Law Updates Tags: , , ,

Crown appeal of 12 month jail sentence in relation to trafficking in cocaine. Accused sold .8 grams to an undercover police officer for $100. Unrelated record. Accused was on bail at the time of the offence. Held: Appeal dismissed. “I cannot endorse the proposition that dial-a-dope operations necessarily engage the Maskill starting point regardless of … Read More.