REGINA V D.G. [PROVINCIAL COURT OF ALBERTA, CALGARY]

D was charged with multiple counts of possession of drugs for the purpose of trafficking contrary to section 5(2) of the Controlled Drug and Substances Act. The allegation was that D was pulled over for speeding pursuant to the Traffic Safety Act. Once pulled over the arresting officer observed D being agitated and a cell phone buzzing repeatedly and noted that D had no driver’s license. Based on those grounds D was arrested and the vehicle was subsequently searched for drugs where they found a small amount packaged in the backseat. Curtis Mennie set the matter down for trial and filed a Charter application arguing for exclusion of the evidence of drugs due to an unlawful search following an illegal arrest. On the day of trial and in anticipation of Curtis Mennie arguing that D’s section 8 and 9 rights against unlawful search and seizure and right against arbitrary detention were breached, the charges were withdrawn.

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