10. Regina v. K.E.E. [Provincial Court of Alberta, Calgary – July 2018]

K .E.E. became the target of a police drug trafficking investigation back in September 2016. During the period extending from September 2016 until early December 2016 the police engaged in ongoing surveillance of K.E.E. and his associates. Specifically, not only did the police observe K.E.E. engaged in a multitude of meetings of short duration consistent (in the opinion of the police) with drug trafficking but they actually apprehended persons meeting with K.E.E. As a consequence of those apprehensions, the police seized various drugs. In addition, during the course of the investigation, the police arrested K.E.E., seized multiple drugs and then released him without charges in anticipation of making a larger seizure of drugs from him at some future date – police expectations in this regard held true.

Police investigation concluded with the eventual arrest of K.E.E. (and the corresponding seizure of various drugs) from his personal vehicle as well as the execution of a Warrant to Search on K.E.E.’s residence. Various items of consequence were seized from the home including the following:

• Several thousand dollars in cash.
• Multiple grams of cocaine.
• 177 .3 grams of psilocybin.
• 255.8 grams of MDMA .
• 36 grams of cannabis resin .
• Brass knuckles.
• Spring loaded baton.

As a consequence of the foregoing, K.E.E. was charged with a multitude of offences including the following:

1. Trafficking in psilocybin contrary to Section 5(1) of the Controlled Drugs and Substance Act (this was a direct sale by K.E.E. to a third party witnessed by the police).
2. Possession of cannabis marihuana for the purpose of trafficking contrary to Section 5(2) of the Controlled Drugs and Substance Act.
3. Possession of proceeds of crime contrary to 355(a) of the Criminal Code.
4. Possession of cocaine for the purpose of trafficking contrary to Section 5(2) of the Controlled Drugs and Substance Act.
5. Possession of psilocybin for the purpose of trafficking contrary to Section 5(2) of the Controlled Drugs and Substance Act.
6. Possession of MDMA for the purpose of trafficking contrary to Section 5(2) of the Controlled Drugs and Substance Act.
7. Possession of cannabis resin for the purpose of trafficking contrary to Section 5(2) of the Controlled Drugs and Substance Act.
8. Possession of a prohibited weapon contrary to Section 91(2) of the Criminal Code (brass knuckles).
9. Possession of a prohibited weapon contrary to Section 91(2) of the Criminal Code (baton).

K.E.E. initially retained a well known senior lawyer in Calgary to defend this most serious prosecution. A week before trial K.E.E. was encouraged to accept a Crown offer of resolution (guilty plea to trafficking in exchange for 2 years imprisonment in a federal institution) as there was (K.E.E. was told ) no chance of success at trial. K.E.E. immediately fired his lawyer and retained Patrick Fagan to defend this prosecution.

Patrick Fagan sought and obtained an adjournment of the rapidly approaching trial and scheduled a new trial date. Patrick Fagan provided no guarantee of success but highlighted the 2 salient options available to any accused facing a serious drug prosecution – give up, plead guilty and go to jail – OR – hold your ground, get ready for a fight (ie: schedule the matter for trial) and take advantage of any potential advantage to the Defence that may arise before or during trial proceedings – simple as that.

Bottom Line: Patrick Fagan maintained K.E.E.’s pleas of not guilty and scheduled a 4 day trial. On the verge of commencement of those proceedings Patrick Fagan brought to the attention of the assigned Crown prosecutor that a critical element of the case for the prosecution vis a vis all drug trafficking charges could not be proven and there was no time for
the Crown to fix the problem. Consequently, this most serious prosecution was successfully resolved by way of the entry of a plea of guilty to 1 count of simple possession of a controlled substance contrary to Section 4(1) of the Controlled Drugs and Substance Act and a fine. ALL other charges were completely WITHDRAWN.