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.