The client was charged with two counts of PPT after a police raid of a dispensary. While our client was not charged with any marijuana-related offences, police ultimately located cocaine and fentanyl on our client’s person and in a vehicle our client was associated with. The Crown’s initial position was an 18-month jail sentence. Waugh & Associates engaged in significant negotiations with the Crown and highlighted many serious Charter issues with the file including:
- Issues with the client’s detention and arrest;
- Issues with the police search of the client’s person;
- Issues with delay in facilitating the client’s access to counsel; and
- Issues with the police compliance with s. 487(9) of the Criminal Code with respect to reporting seized items after executing a search warrant.
After the preliminary inquiry, Crown reduced their position and proposed a resolution in which our client would plead guilty to both counts of PPT and receive a sentence of a $300 fine paid out using money police had already seized from the client during the raid. The client did not have a criminal record at this time, and a sentence of a fine would have resulted in the client receiving a criminal record.
The client elected to proceed to trial and contest the charges. Before the start of the trial, the Crown abandoned the file and entered a Stay of Proceedings on all charges.
Outcome: Charges Dropped. No Criminal Record.
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