DRUG OFFENCES

R v. N.S.

Result: Not guilty after trial. No Criminal Record

N.S. was charged with 13 offences including possession of cocaine, methamphetamine, fentanyl and heroin for the purposes of trafficking. He was also charged with two counts of possession of a firearm while prohibited, possession of a stolen firearm, careless storage of a firearm and proceeds of crime. N.S. was facing over 10 years in prison if found guilty. Shortly after his arrest, N.S. provided police with a lengthy statement. He pled not guilty and proceeded to trial.

At trial, Cory was able to prove that the officer who interviewed N.S. shortly after his arrest lied to him about his fingerprints being found on the gun case. The trial judge took this into consideration in assessing the weight of N.S.’s statement to police. Despite N.S.’s personal documents being found in the vehicle in which the drugs and guns were found, the trial judge agreed with Cory that the Crown had failed to prove N.S. had the requisite knowledge to prove he had possession of the guns and drugs. N.S. was found not guilty on all charges.

The Federal Crown Prosecutors appealed the trial judge’s decision. Cory represented N.S. at the Court of Appeal and the not guilty verdict was upheld. N.S. was left with no criminal record for this incident.

This was the best possible outcome for the client.


R v. H.A.

Result: Charges Stayed. No Criminal Record

After a lengthy police investigation into a sophisticated drug operation, H.A.’s house was raided by police and a significant amount of drugs, cash and firearms were found. H.A. was charged with possession of cocaine, fentanyl and marijuana all for the purposes of trafficking. He was also charged with multiple firearms offences and proceeds of crime. Shortly after he was arrested, H.A. gave an incriminating statement to police.

After reviewing the Information to Obtain the Search Warrant, Cory found significant defects which would form the basis for an exclusion application under Section 8 of the Canadian Charter of Rights and Freedoms. Armed with the knowledge that the search warrant would likely be found invalid, Cory convinced the Crown to stay all charges prior to trial.

Having the charges stayed without the stress and cost of trial was the best possible outcome for the client.


R v. D.M.

Result: Conditional Sentence Order (House Arrest)

D.M. was charged with the production of 115 kilograms of marijuana. The Combined Forces Specialized Enforcement Unit conducted a lengthy investigation after a confidential informant provided information about a drug operation on a rural property outside of Strathmore. D.M. was observed travelling from his home to the rural property on several occasions. When the search warrant was executed, D.M. was in the residence and his wallet was found in one of the three grow rooms. D.M. admitted his role in the drug operation to police in a statement taken shortly after his arrest.

Despite the significant weight of marijuana, Cory successfully argued for a Conditional Sentence Order, which allowed D.M. to serve his sentence in his home. Under the Order, D.M. was able to gain employment and support his young family.

Based on the significant quantity of drugs and full confession, being sentenced to house arrest was the best outcome for the client. It allowed him to continue to work and coach his children.


R v. H.T.

Result: Charges Withdrawn. No Criminal Record.

As a result of a Crime Stoppers tip, police conducted an investigation into a suspected dial-a-doper operation. Police raided H.T.’s house and significant quantities of methamphetamine, cash, multiple cell phones, scales and baggies. H.A. was charged with possession for the purpose of trafficking and proceeds of crime.

After reviewing the disclosure, Cory found significant defects with the Information to Obtain a Search Warrant which would form the basis for an exclusion application under Section 8 of the Canadian Charter of Rights and Freedoms. Armed with these defects, the Crown agreed to withdraw the charges prior to trial.

Having charges withdrawn is the best possible outcome or any client.


R v. M.B.

Result: Charges Withdrawn. No Criminal Record.

M.B. was charged with trafficking cocaine and proceeds of crime after a police investigation into a drug dealing ring involving multiple suspects. A search warrant was executed at a location that M.B. was observed entering multiple times. A significant amount of cocaine, cutting agents, cash, scales, baggies and score sheets were found. M.B. pled not guilty and proceeded to trial.

At trial, the issue was whether the Crown could prove M.B. was in possession of the drugs. Cory cross-examined multiple police officers who were unable to confirm seeing M.B. make any hand-to-hand transactions or carrying bags out of the stash house. Cory informed the trial judge that he was going to make a directed verdict application (asking the judge to dismiss the charges for lack of evidence prior to the conclusion of the trial). Based on the strength of Cory’s cross-examinations, the Crown instead withdrew the charges.

Having charges withdrawn was the best outcome after proceeding to trial.


R v. C.F.

Result: Charges Withdrawn. No Criminal Record.

C.F. was charged with a number of offences including possession for the purposes of trafficking after he was pulled over during an impaired driving investigation. During a search of C.F.’s vehicle, police found a large quantity of individually wrapped baggies of cocaine, multiple cell phones and cash. C.F. was heavily intoxicated and told police he was a drug dealer.

After reviewing the disclosure, Cory found a significant breach of C.F.’s right to be free from unreasonable search and seizure. The matter was set for trial and Cory filed a Charter Notice seeking the exclusion of among other things, the evidence of cocaine found in the vehicle.

On the morning of trial, the Crown agreed with Cory and withdrew the charges. This left C.F. with no criminal record for this incident.

This was the best result for the client.


R v. R.S.

Result: Charges Withdrawn. No Criminal Record.

R.S. was charged with possession of cocaine for the purposes of trafficking and proceeds of crime. After a tip from the public, police began an investigation into a drug dealing operation including surveillance on R.S.’s activities. After what police believed to be activity consistent with drug trafficking, R.S.’s vehicle was pulled over and he was arrested. Police searched the vehicle and found cocaine, a cell phone and a small amount of cash.

After reviewing the disclosure, Cory found a significant issue with the search of R.S.’s vehicle. Police did not have grounds to arrest R.S. and the search was unlawful. After resolution discussions with the Crown, Cory was able to resolve the matter by having R.S. enter into the Alternative Measures Program in which he completed community service hours and the charges were withdrawn. As a result of this resolution, R.S. was left with no criminal record for this incident.

The was the best possible outcome for the client.