Members of the Calgary Police Service received from a confidential source the name and a phone number of person that the source said was selling cocaine. The number was contacted by an undercover operator and a drug meet was arranged. It turned out to be a good tip. In total the undercover police officer made 8 purchases of cocaine from who they believed to be K.S.. After the 8 th purchase they arrested him. He faced 18 serious charges of trafficking cocaine, possession of cocaine for the purpose including trafficking and possession of proceeds of crime. Ms. Fagan entered pleas of ‘not guilty’ and scheduled the matter for a two-day trial. Prior to the trial commencing, Ms. Fagan filed a Charter notice and a legal brief stating that her client’s right to a trial within a reasonable time had been violated and that a stay of proceedings should be entered (i.e. the prosecution against her client should be terminated before even going to trial). Ms. Fagan appeared in Provincial Court and the Judge heard argument from both her and the Crown. At the conclusion of argument the Judge agreed with Ms. Fagan and terminated the prosecution against K.S..

BOTTOM LINE: Ms. Fagan was successful in terminating the prosecution against her client. No criminal record was incurred for the charges that he hired her to defend.

The police initiated a multi-month undercover drug investigation after receiving confidential information that another person, P.G. was trafficking drugs. During the course of surveillance the police saw who they believed to be A.Y. engaging in activity consistent with drug trafficking. After acquiring what the police believed to be sufficient evidence to lay charges, the police conducted a takedown of Y.A. and executed a search warrant on his residence. The police located 15 bags of cocaine in his pocket along with $3700 cash. The police also located half a pound of cocaine and $4700 in the residence under the search warrant. Pleas of ‘not guilty’ were entered and the matter was scheduled for a 5 day trial in the Court of Queen’s Bench of Alberta. Stakes were particularly high because A.Y. was not a Canadian citizen and would likely be subject to deportation if Ms. Fagan was not successful in her defence of this most serious prosecution. Ms. Fagan filed a Charter notice challenging the validity of the search warrant as well as the grounds for arresting Y.A.. Ms. Fagan filed a written legal brief and oral argument spanned the first day and a half of trial time. When she completed her oral argument the Crown conceded the strength of her position and entered a stay of proceedings on all charges (i.e. Ms. Fagan was successful in having the prosecution against Y.A. terminated).

BOTTOM LINE: No criminal record was incurred by A.Y. for the charges that he hired Ms. Fagan to defend, nor was he deported from the country.

RCMP believed there to be a massive grow operation at a rural residence in central Alberta. Surveillance culminated in the police executing a search warrant where they discovered a multi-stage marijuana grow operation. In total the police seized nearly 60 kilograms of cannabis. L.A. was found in the residence and charged with production contrary to s. 7(1) of the Controlled Drugs and Substances Act, possession for the purpose of trafficking, contrary to s. 5(2) of the Controlled Drugs and Substances Act and theft of electricity. Prior to the matter being scheduled for trial Ms. Fagan was successful in securing a stay of proceedings on all charges.

BOTTOM LINE: Ms. Fagan was successful in terminating the prosecution against L.A. prior to trial … he did not incur a criminal record for the charges that he hired Ms. Fagan to defend.

Members of the RCMP were monitoring east bound traffic on Highway 1 near Canmore, Alberta. The police spotted a truck which appeared not to be equipped with mud flaps. The police conducted a traffic stop and approached the passenger side of the motor vehicle and spoke with the driver and the passenger (V.Z.). The police questioned the passenger, obtained his identification and detained him for a drug investigation. A police service dog was deployed who triggered on the odor of drugs. Police searched the vehicle and discovered nearly a kilogram of cocaine and a small amount of methamphetamine. V.Z.was charged with possession of cocaine for the purpose of trafficking which carries with it the potential for life imprisonment. V.Z. hired Ms. Fagan, who entered pleas of ‘not guilty’ and scheduled the matter for trial. Prior to trial Ms. Fagan filed a Charter notice alleging: (i) that the Crown failed to provide full disclosure and violated her client’s right to make full answer and defence; (ii) that there was an abuse of process because the police deliberately muted their microphones when dealing with V.Z. at the roadside (iii) that the police unlawfully detained her client; (iv) that the police violated V.Z.’s right to be informed of the true reason for his detention; (v) that the police violated V.Z.’s right to counsel; and (vi) that the police conducted an unlawful arrest and search incident to. After filing the Charter and prior to V.Z. stepping foot in the courtroom, Ms. Fagan was successful in securing a stay of proceedings on all charges.

BOTTOM LINE: Ms. Fagan was successful in terminating the prosecution against V.Z. prior to trial … he did not incur a criminal record for the charges that he hired Ms. Fagan to defend.

In June, 2019 members of the Red Deer RCMP received information that a man was supplying drugs throughout Alberta. A large-scale multi-city investigation was launched which culminated in a series of arrests. One of those arrests was F.B. F.B. was charged with trafficking contrary to s. 5(1) of the Controlled Drugs and Substances Act, two counts of possession for the purpose of trafficking contrary to s. 5(2) of the Controlled Drugs and Substances Act, possession of proceeds of crime contrary to s. 355 of the Criminal Code and a number of weapons charges contrary to s. 92(2) of the Criminal Code. He was allegedly seen in the parking lot of a grocery store transferring a box of what the police later discovered to be over a half pound of cannabis, over 100g of hash oil, and psilocybin (“magic mushrooms”). Police also discovered cash and knives in F.B.’s vehicle. Pleas of ‘not guilty’ were entered and the matter was scheduled for a 5 day trial. In advance of trial Ms. Fagan filed a Charter notice alleging that the police breached his right to be free from unreasonable search or seizure and that they breached his right not to be arbitrarily detained. She further argued that her client’s right to a trial within a reasonable time had been breached. After the filing of the Charter notice, and before F.B. had to step foot in a courtroom, Ms. Fagan was successful in securing a stay of proceedings on all charges.

BOTTOM LINE: Ms. Fagan was successful in terminating the prosecution against F.B. … he did not incur a criminal record for the charges that he hired Ms. Fagan to defend.