The Queen v. C.(H.) 2018 #1

Client faced very serious charges of possession of cocaine and fentanyl for the purposes of trafficking.

The police received a complaint of an assault with a weapon that specifically alleged that at a public parking lot two men had bear maced another man and fled in a silver Dodge Neon.  Days earlier a police officer in the town of Vernon had pulled over a silver Dodge Neon and during the traffic stop had become suspicious that the driver of the vehicle, along with the passenger, may be involved in drug trafficking.  Nothing could be substantiated and the police officer let them go from that traffic stop with just a ticket however once he heard that the assault complaint suggested the assailants were in a silver Dodge Neon, he sent out a radio communication for the police in the area to pull over the same Neon he had pulled over days earlier.  Two hours later the same Neon was observed and the police pulled it over.

The vehicle failed to stop right away but once it was the police arrested both the driver and the passenger for flight from police.  The passenger turned out to be the client.  During the search incidental to arrest of the client the police found numerous cell phones and numerous packages of different kinds of drugs that appeared to be for re-sale in the client’s pockets and in the area he had been sitting in the vehicle.  The client was charged with possession for the purpose of trafficking cocaine and fentanyl.

The client retained Mr. van der Walle.  Months prior to the trial Mr. van der Walle wrote a detailed letter to the Crown pointing out the many Charter breaches that the defence would likely be able to prove if the matter went to trial.  Somewhat reluctantly, the Crown agreed and dropped the charges by entering a stay of proceedings months before the trial was set to start.  Not guilty.  No trial necessary.