The Queen v. M. (T.) 2017
Police in a rural community near Nakusp obtained a search warrant to search the client’s home for evidence of a grow op. During the search they discovered a marihuana grow operation with about 500 plants in various stages of development. As a result the client was charged with production and possession for the purpose of trafficking marihuana, as well as possession of hashish for the purposes of trafficking. After a thorough additional disclosure request was sent to the Crown, it came to light that their were serious problems with the warrant. Mr. van der Walle successfully negotiated with the Crown and on the day the preliminary inquiry was set to begin the prosecutor terminated the case by entering a stay of proceedings on all charges. Not guilty. No trial necessary.
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