CDSA: s. 5(2) – Possession of Psilocybin (magic mushrooms) for the Purpose of Trafficking; CC: 94 x 2 – Unauthorized Possession of a Firearm in a Vehicle, s.92(1) x 2 – Unauthorized Possession of a Firearm, s.117.01(1) – Prohibited Possession of a Firearm; CNPA-NPWR: s.20(3) – Possession of a Loaded Firearm in a Vehicle.
While driving through Banff National Park, near Lake Louise, on her way back from BC, my client was with her boyfriend and another friend, when the RCMP pulled them over for speeding at a rate of 140 kms/hr in a 90 zone. While dealing with the driver, the police officer could detect a faint odor of marijuana coming from the vehicle. He detained them for a drug investigation and deployed a narcotic detection canine, who alerted police to the presence of narcotics. Police searched the vehicle and located a large quantity of magic mushrooms – three bags in the trunk, and one bag in the back seat, where my client was seated. Also found in the trunk were two firearms (rifles) and 381 rounds of ammunition. One of the rifles was loaded.
As a result of several Charter violations, and other triable issues, I tendered pleas of “not guilty” on behalf of my client and scheduled a date for a Preliminary Inquiry. Prior to this date, the Crown brought the file forward and withdrew all charges against my client. No criminal convictions.