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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to counsel and his right to be free from unreasonable search and seizure, following which all charges were completely withdrawn prior to trial.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.