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2016

R. v. P.K. [Provincial Court, Strathmore, November 2016]

A concerned civilian noticed a vehicle driving erratically and narrowly colliding with other vehicles and a cyclist and called 911. The civilian followed the vehicle for approximately 15 minutes detailed his observations to 911 dispatch. The vehicle (allegedly driven by P.K.) rear ended another vehicle so hard that the hood of P.K.’s vehicle curled up over his front windshield. Instead of stopping to exchange particulars and render assistance as he was legally required to do, P.K. allegedly drove through a ditch and sped away. By running the license plate of the vehicle the police determined where P.K.’s residence was and set up there to await his arrival. A short time later the same vehicle described by the civilian rounded the corner with the hood wrapped over the windshield and P.K. hanging out the driver’s side window. P.K. admitted he had been drinking and police observed an empty bottle of hard liquor in the passenger footwell. P.K. failed the roadside test and was arrested. Once breath samples were provided at the police station it was determined that P.K. was driving with a blood alcohol level alleged to be twice the legal limit. Police also conducted a search of his vehicle and allegedly found marijuana. P.K. was charged with dangerous driving, failing to remain at the scene of an accident, impaired driving, driving with a blood alcohol level over 0.08 and possession of marijuana. This was a tough case and there were few (if any) angles on paper. Notwithstanding, on the day of trial Ms. Fagan secured the withdrawal of all criminal charges against her client in exchange for a fine under the Traffic Safety Act. P.K. received no criminal record for the charges that he hired Ms. Fagan to defend and no driving prohibition.

R. v. A.I. [Court of Queen’s Bench & Provincial Court, Calgary, March 2016 and October 2016]

Police had been conducting an undercover surveillance operation for several weeks in relation to allegations of trafficking in fentanyl. Over the course of the investigation police observed A.I. engage in activity that they characterized as consistent with drug trafficking. In the course of their surveillance A.I. was apparently seen vomiting at the side of the of a busy road. The police seized on the opportunity to arrest A.I. for impaired driving and searched his vehicle. They conducted a search of the vehicle and discovered what they alleged was 606 fentanyl pills, 190ml of methadone, a scale, cash and three cell phones. A.I. was charged with possession of fentanyl for the purpose of trafficking (among other things). A search warrant for the residence believed to be associated to A.I. was searched and multiple sets of body armor, along with additional fentanyl pills were found. A.I. was detained in Provincial Court (note: he was not represented by Ms. Fagan at this stage). Ms. Fagan brought an application for review in Queen’s Bench and ultimately secured A.I.’s release on bail. Several months later the police conducted another search of A.I.’s residence in response to a complaint that he was keeping drugs in the home. The police allegedly found fentanyl and A.I. was arrested once again. Despite the odds, Ms. Fagan was able to secure A.I.’s release in Provincial Court.

R. v. R.J. [Court of Queen’s Bench, Calgary, October 2016]

R.J. was pulled over near Lake Louise after a police computer check determined that he was driving without registration or insurance. Police noticed the smell of a “masking agent” (cologne); that R.J. was traveling to a “source” province for marijuana (i.e. British Columbia) and through computer checks determined that he had a conviction for possession of marijuana for the purpose of trafficking. R.J. apparently presented as extremely nervous, which heightened the suspicion of the police that he was transporting contraband of some kind. The police formed the ostensible grounds to detain R.J. and deployed a drug detection dog who indicated the presence of the odor of drugs. The police arrested R.J. and searched the vehicle. Police allegedly located 0.01 grams of marijuana and approximately $75,000.00 in Canadian currency. R.J. was arrested for possession of proceeds of crime and simple possession of marijuana. Ms. Fagan was successful in securing a stay of proceedings before trial (i.e. she ended the criminal prosecution against R.J. no criminal convictions were entered).

R. v. L.D. [Provincial Court, Calgary, October 2016]

The police received a phone call from an anonymous caller about a woman high on heroin driving a stolen vehicle and following another stolen vehicle. The police tracked the woman to a pizza parlour where she was seen standing in her underwear eating pizza with a male. The male (L.D.) allegedly had three throwing knives visible on his belt and was arrested for possession of a weapon for a purpose dangerous to the public peace. He was searched incident to arrest and the police found what they believed to be counterfeit currency. A vehicle parked in the lot in front of the pizza parlour was determined to belong the L.D. and was searched by police. Police located a loaded sawed off revolver, and a number of items that the police believed to be stolen. L.D. was charged with 13 charges including 5 very serious firearm offences; possession of counterfeit currency (punishable by up to 14 years in prison); and a number of possession of stolen property charges. The Crown’s pre-trial resolution position was 2 years of federal incarceration. L.D. wisely instructed Ms. Fagan to proceed to trial. The trial was scheduled for 4 days. Ms. Fagan filed a Charter notice alleging multiple breaches of L.D.’s rights, including his right not to be arbitrarily detained, his right to be free from unreasonable search and seizure. After four days of a hard fought trial Ms. Fagan had done sufficient damage to the Crown’s case that the Crown made L.D. an offer he could not refuse. A fine of $500.00 was imposed for possession of the knives and all remaining charges were withdrawn. L.D. did not have to spend a single day in jail after trial… a far cry from the initial 2 year pre-trial sentence that L.D. would have faced.

R. v. G.C./ Q.M. [Provincial Court, Calgary, September 2016]

Police observed a suspicious vehicle and ran the license plate through their computer system. According to the police the registered owner came back as wanted for murder. The police immediately pulled the vehicle over and arrested the two occupants. A search of the vehicle was conducted incident to arrest and the police allegedly located seven cell phones; a knife on the driver; cash; bear spray; 1.2 kilograms of cocaine and 250g of marijuana. G.C. and Q.M. were arrested for possession of marijuana and cocaine for the purpose of trafficking; possession of proceeds of crime; and possession of a concealed weapon. Ms. Fagan secured bail for both G.C. and Q.M.

R. v. S.J. [Provincial Court, Yellowknife, September 2016]

S.J. retained Ms. Fagan to defend 11 charges including sexual assault, uttering threats, unlawful confinement and assault. Ms. Fagan attended in Yellowknife to conduct the preliminary inquiry and S.J. was discharged on 9 of the 11 charges (meaning that only two remaining charges would tried by a jury). Ultimately Ms. Fagan was successful in securing a stay of proceedings on the two remaining charges before trial.

R. v. S.D. [Court of Queen’s Bench, Calgary, September 2016]

S.D. was driving a vehicle outside of Lake Louise and was pulled over by the police for (apparently) weaving in his lane of traffic multiple times. The police detected the smell of marijuana and proceeded to search S.D.’s vehicle allegedly discovering over 5 kilograms of marijuana and 4 tubs of marijuana honey. S.D. was charged with possession of marijuana in excess of 3 kilograms for the purpose of trafficking and simple possession of marijuana (the honey). A few weeks prior to his arrest S.D. had been pulled over by the police and was found to be in lawful possession of 2 kilograms of marijuana pursuant to a medical marijuana license which allowed him to possess same. Ms. Fagan’s position was that the police knew he would be in possession of marijuana at the time they conducted a traffic stop and that the police were using the Traffic Safety Act to conduct a drug investigation thus rendering the entire exchange between police and S.D. unconstitutional. The Crown was convinced of same and a stay of proceedings was entered (i.e. the termination of the prosecution against S.D.). Ms. Fagan secured the return of approximately 2 kilograms of marijuana to S.D.

R. v. B.R. [Court of Queen’s Bench, Calgary, April 2016]

B.R. was a passenger in a vehicle traveling on the Trans-Canada highway. Two highway patrol men conducted a so-called “Checkstop” for sobriety on the vehicle and ultimately formed the grounds to search the vehicle. B.R. and the driver of the vehicle were questioned and imprisoned in the back of the police vehicle. Computer checks were conducted revealing that both the driver and B.R. had prior drug convictions. A drug detection dog was deployed who did not indicate that he smelled the presence of the smell drugs. The police then released a second drug detection drug who (according to them) did indicate the presence of the smell of drugs, and the police took it upon themselves to search the vehicle. Police discovered multiple cell phones and 22 lbs of marijuana in the trunk of the vehicle. Ms. Fagan was successful in having all charges withdrawn against her client before trial.

R. v. B.A. [Provincial Court, Calgary, April 2016]

B.A. was charged with trafficking cocaine, possession of cocaine for the purpose of trafficking and possession of proceeds of crime. The Calgary Police Service initiated a large scale drug investigation involving a cocaine trafficking ring that B.A. was alleged to be a part of. An undercover police officer allegedly met with B.A. and purchase several grams of cocaine. The undercover officer paid for the cocaine with several marked bills. B.A. left the scene and was followed and ultimately arrested. The vehicle he was travelling in was searched incident to arrest and further cocaine was located. The marked bills were allegedly found in his pocket. Ms. Fagan was the third lawyer that B.A. had retained to defend this matter. Ultimately, Ms. Fagan secured a stay of proceedings for her client on all charges (i.e. ended the prosecution against him and B.A. received no criminal convictions).

R. v. C.C. [Provincial Court, Airdrie, April 2016]

C.C. was criminally charged with impaired care and control of a vehicle; failing to provide a sample of her breath; and failing to stop at the scene of an accident. At approximately 4:00am the police responded to a call of a motor vehicle collision. The police found C.C. allegedly slurring her speech, unbalanced, unable to form logical sentences and her breath smelled like alcohol. She was arrested on the scene, taken to the police station and alleged to have failed to provide samples of her breath (which carries the same penalty as impaired driving).  The matter proceeded to trial and the Crown ultimately withdrew the impaired driving charge and the refusal charge in the middle of Ms. Fagan’s cross-examination of the Crown’s main witness. The Crown proceeded to argue for a conviction on the charge of failing to remain at the scene of the accident. Ms. Fagan successfully argued that the Crown had not proven the case beyond a reasonable doubt.  C.C. was acquitted of all criminal charges.

R. v. G.A. [Provincial Court, Calgary, March 2016]

G.A. was out at a popular bar in Calgary consuming alcohol. It was alleged that she got into an altercation with another female and threw a pint glass at her face shattering her front two teeth. G.A. was charged with assault with a weapon and hired Ms. Fagan with a single goal in mind: to walk away without a criminal record. Ms. Fagan successfully argued that this was out of character for her client and that the public interest would be not be offended if a conviction was not entered. The presiding Judge agreed with Ms. Fagan and G.A. received a conditional discharge (i.e. no criminal record.)

R. v. B.M. [Court of Queen’s Bench, Calgary, February, 2016]

B.M. was driving just outside of Lake Louise when he was pulled over by police for weaving in his lane of traffic. The police (embarking on an obvious drug investigation) questioned B.M. about his purpose for travel and where he was going to/from. A computer check was conducted revealing that B.M. had multiple drug convictions. The police ultimately formed the grounds to deploy a drug detection dog who indicated the presence of drugs in the vehicle. The police searched the vehicle and allegedly found approximately 10 pounds of marijuana. B.M. was charged with possession of marijuana in excess of 3 kilograms for the purpose of trafficking. B.M. elected trial in Queen’s Bench with a preliminary inquiry. His trial was scheduled to be heard nearly two years after his arrest. On the first day of trial the Crown attempted to adjourn (ie. delay the trial to a later date) the commencement of the trial until its main witness recovered from an illness. Ms. Fagan opposed the delay and argued that the trial should go ahead. The presiding Judge agreed with Ms. Fagan and the Crown was unable to prove its case without the ill witness. All charges against B.M. were completely withdrawn.

R. v. K.L. [Provincial Court, Cochrane, January 2016]

In the early morning hours police received a call of an impaired driver that was allegedly all over the road. The police tracked down the vehicle that was the subject of the complaint and discovered it has been in an accident. K.L. allegedly displayed signs of impairment and was asked to provide a sample of his breath into a roadside device. K.L. provided a sample and failed the roadside test. He was arrested and subsequently provided two breath samples which showed that his blood alcohol was over the legal limit. Ms. Fagan secured the withdrawal of all charges before trial and the reinstatement of K.L.’s license.

R. v. H.B. [Provincial Court, Calgary, January 2016]

H.B. was charged with aggravated assault (one step below manslaughter) and unlawfully strangling someone with the intent to commit an indictable offence. The allegations arose in a domestic context and the complainant allegedly received a broken collarbone which required 2 surgeries and multiple pins to repair. Ms. Fagan was able to secure the withdrawal of all charges at preliminary inquiry.

R. v. S.C. [Court of Queen’s Bench, Calgary, December 2016]

S.C. was a passenger in a vehicle that was stopped just outside of Lake Louise. The police claimed to have stopped the vehicle because they could not see if the passenger, who was reclined, was wearing his seatbelt properly. The police ultimately formed the ostensible grounds to search the vehicle and found a hockey bag with 30 pounds of marijuana in it. The police arrested the driver and S.C. and when the searched S.C. they discovered a vial of hash oil in his pocket. S.C. was charged, among other things, with possession of marijuana for the purpose of trafficking contrary to section 5(2) of the Controlled Drugs and Substances Act. Ms. Fagan filed an extensive Charter notice alleging breaches of her client’s rights including his right to full disclosure; that the initial traffic stop was arbitrary; that the questioning of her client amounted to a unlawful search and that the search of the vehicle was warrantless and unreasonable.

BOTTOM LINE: Weeks before trial the Crown, seeing the strength of the Charter arguments, entered a stay of proceedings (i.e. withdrew) all charges against S.C.

2015

R. v. W.J. [Provincial Court, Calgary, October 2015]

W.J. was arrested in the security line at the Calgary Airport with a loaded handgun in his carry-on bag. He admitted to a border services agent that the gun was his. He was charged under both the Criminal Code and the Aeronautics Act. W.J. was a resident of Texas and was in Canada for a few days on business. The Crown asked the Judge to deny W.J. bail because there was no guarantee that he would return to Canada to deal with the charges if he was allowed to return to the USA. The Crown also emphasized how serious the offence was and the terrible consequences that could have ensued from a loaded gun on a plane. Ms. Fagan provided the Judge with a comprehensive plan of release along with letters of support and argued that the Crown’s case against her client was weak. The Judge agreed with Ms. Fagan that W.J. was releasable, released him on bail and allowed him to return to the USA.

R. v. J.M. [Provincial Court, Calgary, September 2015]

In the early hours of the morning the police were dispatched to a check on welfare call of a person who had fallen asleep at the wheel of his vehicle at a stoplight. On arrival the police ordered J.M. out of the vehicle and, in doing so, detected the smell of marijuana, a scale, packaging materials, a significant amount of cash and multiple cell phones. J.M. was arrested for possession of marijuana for the purpose of trafficking and possession of proceeds of crime. Ms. Fagan filed a detailed Charter notice alleging breaches of J.M.’s right to counsel and his right to be free from unreasonable search and seizure, following which all charges were completely withdrawn prior to trial.

R. v. B.C. [Provincial Court, Strathmore, September 2015]

B.C. was pulled over by the police on the Trans-Canada Highway for allegedly talking on a cell phone. The police detected the smell of marijuana and ultimately searched the vehicle discovering close to 10 lbs of marijuana, multiple cell phones and packaging materials. Both B.C. and the passenger of the vehicle were charged with possession of marijuana in an amount exceeding 3 kilograms. Ms. Fagan filed a Charter notice alleging a breach of her client’s right not to be arbitrarily detained, his right not to be subjected to unreasonable search and seizure. A unique and unforeseen evidentiary issue arose in the course of trial and Ms. Fagan seized on the opportunity, arguing that the Crown could not prove beyond a reasonable doubt that the leafy green substance seized was in fact marijuana. After three days of trial Ms. Fagan was successful in securing a verdict of “not guilty” for her client.

R. v. L.D. [Provincial Court, Calgary, September 2015]

L.D. was charged with possession of a firearm along with possession of a stolen vehicle. He was released on bail and breached his conditions 6 weeks later. He was re-released on bail again and then allegedly breached his conditions a second time by being in possession of stolen property as well as break-in tools. L.D. initially did not hire a lawyer. After approximately a month in custody, L.D. hired Ms. Fagan to secure his bail on an expedited basis because he had been severely injured in custody. Ms. Fagan mobilized quickly and secured L.D.’s release on reasonable terms.

R. v. N.R. [Arrest Processing Unit, Calgary, September 2015]

N.R. had been previously arrested on three separate drug matters involving (among other things) substantial amounts of crack cocaine. He was detained for several months and eventually a Justice of the Court of Queen’s Bench released him on extremely strict bail conditions which included 24/7 house arrest with no exceptions. When released N.R. was cautioned that if he violated his bail conditions even in the slightest degree that he would remain in jail until trial. Within months of his release N.R. was arrested by police several blocks from his home. Ms. Fagan successfully secured his release within 24 hours of his arrest.

R. v. H.B. [Provincial Court, Calgary, August 2015]

R. v. H.B. [Provincial Court, Calgary, August 2015] – H.B. was charged with refusing to provide a breath sample, resisting arrest and breaching his bail conditions. At the time of his arrest, H.B. was out on bail for an alleged domestic assault and which included the condition that he was not to consume alcohol. The police pulled over a vehicle driven by H.B. and believed him to be impaired. He was given several opportunities to provide a sample of his breath and did not do so. The police tried to place him under arrest and alleged that he resisted by pulling away. Over the course of two days of trial Ms. Fagan cross-examined several police witnesses at length endeavoring to undermine their testimony and raise a reasonable doubt. She was ultimately successful in this regard and verdicts of not guilty were rendered on the refusal charge and the obstruction charge. In the course of the trial H.B. admitted to consuming alcohol contrary to his bail conditions and he was found guilty of breaching his “no alcohol” condition. Ms. Fagan continued to fight for her client and argued that no criminal record should be entered. The trial judge was convinced and granted a conditional discharge with respect to the breach charge (ie. H.B. walked away from this trial with no criminal record of any kind).

R. v. A.T. [Provincial Court, Calgary, July 2015]

While out on bail for obstructing a police officer, A.T. was observed by police helicopter (HAWC) operating a vehicle that was alleged to be connected to a shooting that occurred the day prior. A warrant was obtained and the vehicle was searched revealing a stolen handgun, cash, cocaine, marijuana and ecstasy in the centre console. A.T. was charged with a number of weapons offences as well as possession of cocaine and ecstasy for the purpose of trafficking, proceeds of crime and simple possession of marijuana. A.T. was released on bail conditions in June 2015 and (unbeknownst to him) police continued to conduct surveillance of him for the month following his release. Police observed A.T. involved in a number of suspicious activities. He was allegedly seen out past his curfew and repeatedly lied to his probation officer about possessing a cell phone, notwithstanding that the police had video surveillance of him texting/ speaking on a cell phone on multiple occasions. When he was arrested A.T. was alleged to have in his possession 3 cell phones and approximately $1500.00 cash. The Crown revoked his previous bail and argued that he should be detained pending trial. Ms. Fagan successfully secured A.T.’s release on bail within 48 hours of his arrest.

R. v. W.C. [Arrest Processing, Medicine Hat, July 2015]

W.C. was arrested on a Friday afternoon and hired Ms. Fagan to secure his release on bail. He was arrested on charges of fraud, theft and breach of his bail conditions. At the time he hired Ms. Fagan for bail he was out on three separate sets of bail conditions stemming from a fraud investigation; a number of breaches and trafficking crack cocaine to an undercover police officer. The police were opposed to W.C.’s release emphasizing that W.C. had a previous criminal record and that he was likely to re-offend given that he was already out on bail for other charges. Ms. Fagan successfully argued that W.C. was not a flight risk nor was there a substantial likelihood of him re-offending. W.C. was released by Friday night.

R. v. C.W. [Provincial Court, Calgary, July 2015]

C.W. was charged with the serious offence of robbery. C.W. was alleged to have driven a youth into a secluded area and robbed him, leaving the youth at the side of the road. When arrested, C.W. gave a full confession. If convicted after trial C.W. faced a jail term. The Crown’s initial resolution offer was a jail sentence of several months. Through lengthy negotiations with the Crown Ms. Fagan was able to have the charge reduced to theft under $5,000. Strategically, this put her in a position to argue that a criminal record should not be imposed in the circumstances. In the end, C.W. received a conditional discharge and no criminal record.

R. v. W.J. [Provincial Court, Calgary, October 2015]

W.J. was arrested in the security line at the Calgary Airport with a loaded handgun in his carry-on bag. He admitted to a border services agent that the gun was his. He was charged under both the Criminal Code and the Aeronautics Act. W.J. was a resident of Texas and was in Canada for a few days on business. The Crown asked the Judge to deny W.J. bail because there was no guarantee that he would return to Canada to deal with the charges if he was allowed to return to the USA. The Crown also emphasized how serious the offence was and the terrible consequences that could have ensued from a loaded gun on a plane. Ms. Fagan provided the Judge with a comprehensive plan of release along with letters of support and argued that the Crown’s case against her client was weak. The Judge agreed with Ms. Fagan that W.J. was releasable, released him on bail and allowed him to return to the USA.

R. v. J.J. [Provincial Court, Didsbury, May 2015]

J.J. was the driver and registered owner of a vehicle transporting three other males. The vehicle was pulled over, the police detected the smell of marijuana and arrested J.J. along with the other three occupants. Along with cocaine and marijuana approximately $1000.00 was found, as well as multiple cellphones and a scale. J.J. was charged with possession of both cocaine and marijuana for the purpose of trafficking as well as simple possession of cocaine and marijuana. Ms. Fagan was successful in having all charges against J.J. withdrawn without J.J. ever having to step foot in a courtroom.

R. v. J.T. [Provincial Court, Calgary, April 2015]

J.T. was charged with impaired driving, driving while her blood alcohol was over the legal limit and possession of marijuana. Police observed damage to the vehicle being driven by J.T. as she swerved in and out of traffic. Police arrested J.T. who then admitted she had been drinking alcohol and smoking marijuana. Marijuana was located in the vehicle. J.T.’s blood alcohol level was determined to be well in excess of the legal limit. Ms. Fagan filed a Charter notice alleging breaches of J.T.’s right not to be arbitrarily detained and her right to be free from unreasonable search and seizure. The Crown conceded Ms. Fagan’s position and withdrew all charges against J.T..

R. v. F.M. [Provincial Court, Rocky Mountain House, March 2015]

F.M. was charged with trafficking in cocaine and possession of cocaine for the purpose of trafficking. A warrant was obtained and executed on F.M.’s residence where police found approximately 10 grams of cocaine. F.M. was arrested and provided a full confession to trafficking in cocaine and possessing the cocaine found in her residence (all of which was audio-video recorded). Despite the fact that F.M. had no criminal record, the Crown’s bottom line resolution offer was one year incarceration. Ms. Fagan filed a Charter notice alleging several breaches of F.M.’s rights- including her right to counsel and her right to be free from unreasonable search and seizure. The matter proceeded to trial and partway through Ms. Fagan’s cross-examination of a key police witness the Crown threw in the proverbial towel and agreed to withdraw the two very serious charges of trafficking and possession for the purpose of trafficking in exchange for a guilty plea to a single count of simple possession and a fine of $2000.00 and no jail time.

R. v. G.C. [Provincial Court, Red Deer, March 2015]

G.C. was charged with possession of marijuana for the purpose of trafficking and possession of proceeds of crime. G.C. was arrested as part of a lengthy investigation involving surveillance, multiple warrants and the arrest of three other people. Police allege that they observed G.C. loading marijuana into the trunk of her vehicle. She was followed and eventually pulled over by police and arrested. A search of the vehicle revealed approximately a pound of marijuana, approximately $1500 cash. Ms. Fagan was successful in securing a stay of proceedings without having to schedule a trial date.

R. v. D.J. [Provincial Court, Airdrie, January, February, March 2015]

D.J. was facing three separate sets of charges relating to his estranged wife. The charges included break and enter with intent to commit an indictable offence, uttering threats and multiple breaches of court orders. The police had D.J.’s fingerprints on the window of a residence of where the B&E was alleged to have occurred as well as a statement (i.e. confession) from D.J.. As a result of Ms. Fagan’s efforts all 10 charges against D.J. were either withdrawn or stayed and he. incurred no criminal record.

R. v. V.N. [Provincial Court, Calgary, February, 2015]

Ms. Fagan was retained by V.N. for bail. When he was arrested for V.N. was on already on bail for possession for the purpose of trafficking in cocaine (at the kilogram level), possession of proceeds of crime ($60,000) and a number of weapons offences. The new charges stemmed from the execution of a search warrant in his home in which a significant amount of cocaine and cash was allegedly found. Notwithstanding that the Crown was strongly opposed to V.N.’s release, Ms. Fagan crafted a plan for release and argued that V.N. was releasable. The hearing Judge agreed and V.N. was released on bail.

R. v. N.J. [Provincial Court, Calgary, January 2015]

N.J. was charged with four counts of assault against a female with whom he was in an intimate relationship. Police responded to a “check on welfare” call and found the female covered in bruises and crying. She alleged that N.J. had assaulted her over a four day period. Ms. Fagan secured the withdrawal of all charges prior to trial.

R. v. H.B. [Provincial Court, Canmore, August 2014 – June 2015]

H.B. was charged with assaulting three former girlfriends over the course of several years. The allegations were similar in nature – all three women told the police that they had been involved in a romantic relationship with H.B. and that he had become violent towards them. The assaults alleged including kicking, choking, punching etc. Amongst the multiple assault charges were a handful of other charges including breaches of court orders, criminal harassment and break and enter with the intent to commit an indictable offense. H.B. was at risk of losing his job if a criminal record was imposed. In total Ms. Fagan scheduled three trials dates in 10 months to deal with a total of 13 charges. At the end of the day, Ms. Fagan ensured that her client had no criminal record relating to any of the charges he had retained her to defend.

2014

R. v. C.J. [Provincial Court, Calgary, December 2014]

C.J. was charged with causing death by criminal negligence and failing to provide the necessities of life as a result of the death of an infant in his care. Ms. Fagan secured his release on bail on reasonable terms.

R. v. Y.Z. [Provincial Court, Calgary, December 2014]

Y.Z. retained Ms. Fagan to defend him on two separate matters. The first set of allegations were that Y.Z. was driving while impaired. Police observed Y.Z. driving erratically in a northwest neighborhood and pulled him over. Y.Z. admitted to drinking alcohol, had open alcohol in the vehicle and blew well over the legal blood alcohol limit. At trial Ms. Fagan successfully argued that Y.Z.’s right to a lawyer had been violated and verdicts of “not guilty” were entered. While awaiting his trial on the impaired driving matter Y.Z. was on conditions to “keep the peace and be of good behaviour” and to “abstain from alcohol”. Police responded to a complaint of a naked man in backyard breaking things. When they attended at the home in question Y.Z. was allegedly found naked in a room with a shotgun and a rifle. He was charged with breaching his bail conditions and four charges relating to the firearm. Ms. Fagan avoided a conviction on the weapons charges and secured a conditional discharge (i.e. no criminal record) on the breach charge. The bottom line is that no convictions were registered against Y.Z..

R. v. F.J. [Provincial Court, Calgary, December 2014]

F.J. was charged with a number of charges stemming from a former intimate relationship. Two trial dates were scheduled. With respect to the first trial date, F.J. was alleged to have assaulted his girlfriend with a crowbar. He was charged with possession of a weapon for a purpose dangerous to the public peace, assault with a weapon and assault causing bodily harm. In regards to the second trial date, F.J. was alleged to have broken into his girlfriend’s home. He was charged with breaking and entering with intent to commit an indictable offence and mischief. F.J.’s main concern was avoiding the entry of a criminal record. At the conclusion of both trials this is the result that Ms. Fagan achieved for her client, and no criminal convictions were registered against F.J.

R. v. T.C. [Provincial Court, Calgary, December 2014]

T.C. was charged with five counts of trafficking cocaine and one count of possession of cocaine for the purpose of trafficking. He was alleged to have sold cocaine/ crack cocaine to an undercover police officer on five separate occasions. Upon his arrest a search warrant was executed on T.C.’s home yielding cocaine, digital scales and personal documents. Ms. Fagan obtained a stay of proceedings (i.e. T.C. walked free with no criminal record).

R. v. K.A. [Provincial Court, Calgary, October 2014]

K.A. was charged with possession of cocaine for the purpose of trafficking; possession of marijuana for the purpose of trafficking and possession of possession of proceeds of crime (in the neighborhood of $20,000). Without even having to schedule a trial date Ms. Fagan secured the withdrawal of the charges against K.A..

R. v. K.A. [Provincial Court, Calgary, September 2014]

K.A. was charged with a number of diverse and serious charges when he retained Ms. Fagan to secure his release. He was initially arrested on allegations of kidnapping, unlawful confinement and sex assault. Three months later he was alleged to have breached by being in possession of cocaine and marijuana for the purpose of trafficking and proceeds of crime. He was then released on a second set of bail conditions. Less than a month later he was alleged to have been involved in a hit and run and to have breached his bail conditions. Notwithstanding that he was already released on bail twice previously, Ms. Fagan was able to secure his release on reasonable terms.

R. v. B.T. [Provincial Court, Calgary, August 2014]

B.T. was charged with a number of serious charges related to the possession of a stolen, loaded handgun. If found guilty at trial T.B. was facing what was then the mandatory minimum punishment of 3 years federal incarceration. B.T. was involved in a domestic disturbance with his girlfriend who contacted the police. B.T. left the scene and witnesses saw him remove a bag from his vehicle and put it in the bushes. When the police attended they located the bag which they found to contain the handgun. Ms. Fagan exposed the weaknesses in the Crown’s ability to prove that B.T. actually possessed the handgun and all charges against B.T. were withdrawn prior to trial.

Regina v. B.P [Provincial Court, Canmore, July 2014]

B.P was charged with two counts of possession for the purpose of trafficking (cocaine and MDMA) and possession of marijuana and methamphetamine. After receiving information from a confidential informant the police obtained a search warrant to search a residence finding B.P. (and the alleged impugned substances) within. To make matters worse from a defence perspective, B.P. provided a full confession. In defence of this prosecution Ms. Fagan prepared and filed a detailed notice of her intention to seek relief under the Canadian Charter of Rights and Freedoms (the “Charter”) targeting the integrity of the police representations relative to this so-called “confidential informant”.

BOTTOM LINE: the Crown acknowledged the strength of Ms. Fagan’s Charter argument and entered a stay of proceedings (in other words, ended the prosecution against B.P.)

Regina v. V.M. [Provincial Court, Calgary, June 2014]

V.M. was charged with trafficking in marijuana. The alleged transaction was captured on video and thereafter V.M. provided a full confession to the police. V.M. was a high ranking professional who frequently traveled to the United States and could not maintain his position if he was convicted. Ms. Fagan was successful in obtaining an absolute discharge (i.e. no criminal record).

Regina v. A.V. [Provincial Court, March 2014]

A.V. was charged with dangerous driving, impaired driving and operation of a motor vehicle while his blood alcohol level exceeded the legal limit. A.V. was alleged to have driven his vehicle down the wrong side of the Trans Canada, narrowly missing a police vehicle. He provided a full confession and had blood alcohol readings in excess of three times the legal limit. At the end of a hard fought trial Ms. Fagan secured “not guilty” verdicts on all charges.

Regina v. W.T. [Provincial Court, Calgary, February 2014]

W.T. was charged with production of marijuana, possession of proceeds of crime and possession of cocaine. The police entered his home while he was present and allegedly found a grow operation, several hundred dollars cash and a small amount of cocaine. Despite the very serious nature of the charges, Ms. Fagan succeeded in securing an absolute discharge and avoiding the entry of a criminal record.

Regina v. K.C. [Provincial Court, Calgary, February 2014]

K.C. was charged with attempted murder. The police alleged that he attended at the residence of another man and shot him in the stomach using a shot gun. Despite the fact that “attempted murder” is one of the most difficult charges a person may face in obtaining bail, Ms. Fagan successfully secured the release of her client on reasonable terms.

Regina v. K.R. [Court of Queen’s Bench, Calgary, February 2014]

K.R. was charged with possession of cocaine for the purpose of trafficking and possession of proceeds of crime. He was arrested in his home where over 60 grams of cocaine and approximately $30,000.00 were allegedly located pursuant to a search warrant. Ms. Fagan (facing two experienced Crown Prosecutors) secured verdicts of “not guilty” on both charges at the conclusion of a complex 5 day Queen’s Bench trial.

2013

Regina v. G.T. [Court of Queen’s Bench of Alberta, September 2013]

Client charged with impaired driving causing bodily harm and dangerous driving causing bodily harm, both of which carry a mandatory jail sentence. After a hard fought 5 day preliminary inquiry the entire matter was resolved by way of guilty plea to impaired driving and a fine. The much more serious charges carrying the mandatory jail sentence were completely withdrawn.

Regina v. P.R. [Calgary Provincial Court, September 2013]

The police received information from multiple confidential informants that P.R. was dealing crack cocaine. After extensive police surveillance a search warrant was obtained and executed on P.R.’s home. The police found P.R. alone the in the residence sitting beside a bag of approximately a pound of crack cocaine and $40,000.00 cash. R.P. was promptly arrested and charged with possession of crack cocaine for the purpose of trafficking, possession of proceeds of crime and three counts of breach of a court order. The case against P.R. was very compelling and the Crown’s pre-trial resolution offer was 5-6 years imprisonment in exchange for a timely guilty plea. The offer was rejected and the case scheduled for trial. At trial Ms. Fagan attacked the constitutional validity of the search warrant and was successful in excluding all material evidence (including the crack cocaine and cash) from trial proceedings. Bottom line: Ms. Fagan secured verdicts of not guilty on all charges. Ms. Fagan was also successful in recovering all cash seized by the police.

Regina v. F.E. [Court of Queen’s Bench of Alberta, September 2013]

Client was charged with possession of approximately 1 kilogram of methamphetamine for the purpose of trafficking and numerous firearm offences. She was released on bail, one condition of which was to have no contact with her co-accused. Over the course of two months the police allegedly intercepted over 500 conversations between F.E. and her co-accused – many of those conversations involved the alleged destruction of material evidence. Her bail was promptly denied at the Provincial Court level (where she was not represented by our office). F.E. then retained Ms. Fagan who secured F.E.’s release on bail in the Court of Queen’s Bench despite vehement opposition by the assigned Crown Prosecutor.

Regina v. M.M. & T.L. [Territorial Court of the Northwest Territories, Hay River, August 2013]

Clients were charged with possession of marijuana for the purpose of trafficking and two firearm offences. The case against P.R. was very compelling and the Crown’s pre-trial resolution offer was 9 months incarceration in exchange for a timely guilty plea. The offer was rejected and the case scheduled for trial. On the first day of trial Ms. Fagan succeeded in having all charges withdrawn.

Regina v. H.K. [Provincial Court, Lethbridge, August 2013]

H.K. was allegedly involved in a high speed chase with the Drug Enforcement Agency (“DEA”) in the United States that ended in a collision. Our client allegedly ran across the Canadian/US border where he was apprehended by the RCMP. H.K. was charged with the importation of 9.5 kilograms of cocaine. Ms. Fagan was able to secure H.K.’s release on bail.

Regina v. T.B. [Arrest Processing Unit, Calgary, July 2013]

T.B. was charged with possession of approximately 1 kilogram of cocaine for the purpose of trafficking; possession of oxycontin for the purpose of trafficking (~2000 pills); two counts of trafficking in cocaine and psilocybin (mushrooms); possession of proceeds of crime ($190,000) and nine breaches of a peace bond. Ms. Fagan was able to secure T.B.’s release on bail within 24 hours of his arrest.

Regina v. W.S. [Calgary Provincial Court, April 2013/ May 2013]

W.S. was on bail conditions relative to allegations of possession of marijuana for the purpose of trafficking out of Newfoundland. While on release, W.S. acquired with two additional sets drug charges in Alberta. The allegations with respect to the first Alberta drug matter were that W.S. was driving a motor vehicle that was pulled over by the police. The police stated that they could smell fresh marijuana emanating from the trunk of the vehicle and conducted a search which yielded more than a kilogram of marijuana. W.S. was charged with possession of marijuana for the purpose of trafficking and two counts of breaching his conditions. Ms. Fagan was successful in securing his release on bail. Within 2 days of his release, W.S. was again apprehended by the police in similar circumstances. The police attended at the scene of a motor vehicle accident involving W.S. and seized 1.4 kilograms of marijuana and hash valued at $20,000. W.S. was again charged with possession for the purpose of trafficking and two counts of breach of conditions. Ms. Fagan again successfully secured his release on bail. The Crown offered to resolve all W.S.’s matters globally for 3 years incarceration. At the end of the day, Ms. Fagan was successful in resolving all of W.S.’s matters by way of guilty pleas to two counts of simple possession of marijuana and a fine. The much more serious charges of possession for the purpose of trafficking and the four breaches were completely withdrawn.

Regina v. A.H. [Calgary Provincial Court, June 2013]

This was the largest heroin importation seizure in the history of Alberta. The allegations were that A.H. had traveled from South Africa to Calgary with over 12 kilograms of heroin in two suitcases with false bottoms. He was arrested at the airport allegedly holding the suitcases. A.H. was a refugee and resided in Toronto with no ties to Calgary or Alberta. According to police the heroin had an estimated street value of 3 million dollars. The Crown was vehemently opposed to A.H.’s release on all three grounds (primary, secondary and tertiary). At the conclusion of a 2 day bail hearing Ms. Fagan secured the release of A.H. on bail conditions.

IN THE NEWS:

Minister of Justice v. L.D. [Court of Queen’s Bench of Alberta, May 2013]

This was a civil forfeiture matter which involved the agents of the Province of Alberta seizing a home valued at over half a million dollars. L.D. was a father whose son was charged with trafficking in marijuana, possession of proceeds of crime and possession for the purpose of trafficking (marijuana). Multiple kilograms of marijuana and almost $100,000 in cash were found in the home allegedly occupied by the son. Ms. Fagan was successful in challenging the application for forfeiture of the home and in having it returned to L.D..

Regina v. R.S. [Territorial Court of the Northwest Territories, Hay River, March, 2013]

R.S. was charged with possession for the purpose of trafficking (cocaine); possession for the purpose of trafficking (marijuana); as well as possession of crack cocaine and marijuana. Ms. Fagan was successful in having all charges withdrawn prior to trial. She also secured the return of cash and personal items seized by the police.

Regina v. S.H. [Calgary Provincial Court, March 2013]

S.H. was subject to two bail orders – one a drug matter and the other a sexual assault. The allegations were that S.H. was found in a bar, past his curfew, in the company of people with whom he had a no contact order. A total of 6 charges of breach of condition were laid. S.H. was approached by Calgary City Police (Gang Suppression Team) and using the provisions of the “Liquor and Gaming Act” the police asked S.H. to identify himself which led to the alleged breaches being discovered. At trial Ms. Fagan successfully argued that the police were using the “Liquor and Gaming Act” improperly to target individuals they believed to be involved in criminal activity rather than for regulatory purposes. Ultimately, the Crown conceded the inevitable and stay of proceedings prior to the Court rendering a judgment.

2012

Regina v. P.S.R. [Strathmore Provincial Court, August 2012]

Client was charged with impaired driving. Police received information about a potentially suicidal impaired driver. Several police units were dispatched including a helicopter. Police located P.S.R., drew their weapons and after protracted negotiations took P.S.R. into custody. Police noted several open liquor bottles in the vehicle, vomit down P.S.R.’s chest and P.S.R. (unwisely) admitted to drinking. Ms. Fagan secured a verdict of not guilty.

Regina v. T.A.P. [Medicine Hat Provincial Court, September 2012]

Client was charged with two counts of trafficking (cocaine and marijuana); possession for the purpose of trafficking (cocaine); possession of proceeds of crime and three breaches of his bail conditions. T.A.P was released and within weeks was arrested a second time for further breaches. T.A.P. was released again and was then arrested a third time for trafficking in cocaine, possession for the purpose of trafficking (ecstasy) and three further breaches of his bail conditions. Ms. Fagan rejected the Crown’s offer of 18 months incarceration for an early guilty plea and scheduled the matter for trial. T.A.P. wished to have his matter resolved prior to trial. Ms. Fagan managed to secure the withdrawal of all but one charge and the entire prosecution was dealt with by a six month conditional sentence order (i.e. house arrest).

Regina v. J.S. [Calgary Provincial Court, August 2012]

Client faced a conspiracy charge along with eleven other charges stemming from his alleged involvement in a sophisticated motor vehicle trafficking ring. This was a complex case involving extensive surveillance and the interception of private communications (i.e. “wiretap”). Ms. Fagan killed the prosecution in its entirety by way of the complete withdrawal of all charges.

Regina v. M.K. [Okotoks Provincial Court, June 2012]

Client was charged with possession of cocaine for the purpose of trafficking, proceeds of crime and three counts of simple possession of cocaine. Ms. Fagan secured a conditional discharge relating to the charge of simple possession and all other charges were completely withdrawn (i.e. no entry of a criminal record).

Regina v. D.S. [Arrest Processing Unit before a Justice of the Peace, April 2012]

As a result of a nine month investigation by police, D.S. was charged with eight counts of possession for the purpose of trafficking in crack cocaine, crystal meth, ecstasy and marijuana as well as two counts of possession of proceeds of crime. D.S. had an extensive criminal record and allegedly committed these offences while out on bail for other charges. Ms. Fagan was able to secure his release within 8 hours of his arrest.

Regina v. A.M. [Peace River Provincial Court, March 2012]

A.M. was the target of ongoing police surveillance during which the police observed activity consistent with drug trafficking. Police allegedly made several undercover purchases of cocaine from A.M. and thereafter executed a search warrant on his vehicle and home. A.M. was charged with possession for the purpose of trafficking, weapons and possession of proceeds of crime. In the final result this matter was dealt with by way of a finding of guilt to simple possession of a controlled substance and a $1,000.00 fine was imposed. All other charges (including the charge of trafficking) were completely withdrawn and the money that had been seized by the police was returned to A.M.

Regina v. L.A. [Calgary Provincial Court, February 2012]

Client was charged with possession for the purpose of trafficking, production and possession of proceeds of crime. He was the subject of an extensive inter-provincial undercover investigation that culminated in his arrest. He allegedly had 8 kilograms of cocaine in his possession. Ms. Fagan secured his release within 48 hours of his arrest.

Regina v. P.K. [Calgary Provincial Court, February 2012]

Client was the subject of an extensive inter-provincial undercover investigation. Police linked this seizure to other seizures made during the same week which prompted them to call it “one of the biggest cocaine seizures in the history of Alberta”. Client was charged with trafficking and possession for the purpose of trafficking. When arrested P.K. was alleged to have been found in possession of 11 kilograms of cocaine and $140,000 in cash. Ms. Fagan secured P.K.’s release within 12 hour of his arrest.

Regina v. C.J. [Calgary Provincial Court, February 2012]

“The Tainted Ecstasy Case” – Client charged with two counts of possession for the purpose of trafficking (ecstasy); ten counts of trafficking (ecstasy) and several proceeds of crime and weapons charges. The ecstasy seized was tested and determined to have been cut with the lethal compound “PMMA” that had been linked to ten deaths in the city of Calgary. As a result, this file received extensive coverage in the media and was “front page news”. The Crown vehemently opposed the release of C.J. and his co-accused. Ms. Fagan was able to secure C.J.’s judicial interim release (i.e. bail) within 48 hours of his arrest.

Regina v. N.P. [Calgary Provincial Court, February 2012]

N.P. was charged with assault with a weapon, common assault and possession of a weapon for a purpose dangerous to the public peace as a result of an alleged beating at a C-Train station. The primary issue was identification. Ms. Fagan was able to have all charges completely withdrawn on the first day of trial.

2011

Regina v. P.J. [Calgary Provincial Court, November 2011]

P.J. was charged with seven weapons/firearms offences, two counts of uttering threats (including to blow up a drug treatment facility) and four counts of possession for the purpose of trafficking. The Crown strongly opposed P.J.’s release but Ms. Fagan was able to secure his release within days of his release.

Regina v. L.F. [Calgary Provincial Court, December 2011]

L.F. was charged with two counts of assault with a weapon; assault causing bodily harm; two counts of uttering threats and two weapons charges as a result of an alleged stabbing. The Crown’s resolution offer of a jail term was promptly rejected. Through the efforts of Ms. Fagan not only did L.F. avoid the imposition of a jail term but the entry of a criminal conviction as well. Bottom line: the matter was dealt with by way of a conditional discharge.