In Winter, 2020 members of the Calgary Police Service engaged in an Operation which was aimed at arresting individuals seeking out the sexual services of women under the age of 18. CPS posted an advertisement on “Leo List” portraying a fictitious 18-year-old woman. The police alleged that P.R. allegedly contacted the phone number posted on the ad via text message. During those text messages the fictitious 18-year old (who was actually an adult police officer) advised that she was actually younger than 18. A meet was arranged a hotel. P.R. attended at the hotel and was ultimately arrested. During the course of this arrest the police struck him and deployed a Taser on his leg multiple times. P.R. was ultimately charged with resisting arrest, contrary to s. 129 of the Criminal Code and obtaining sexual services for consideration from a person under the age of 18, contrary to s. 286.1(2) of the Criminal Code. ‘Not guilty’ pleas were entered and a two day trial was scheduled. Ms. Fagan filed a Charter notice in advance of trial alleging that the police both entrapped her client and that the force they used against him during the arrest was unreasonable. Ms. Fagan was able to secure the withdrawal of all charges against her client.

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.

In the late summer of 2020 the Lethbridge Police Service began a drug investigation into a male. Their surveillance led them to believe that he was trafficking drugs, possibly with the assistance of a female, C.I.. A number of undercover drug purchases were conducted. The police ultimately obtained a search warrant for a residence that they believed drugs to be stored at. C.I. was present in that residence at the time the search was conducted. Between the search conducted incident to arrest and search of the residence the police located >30g of cocaine, 5g of fentanyl, body armour, brass knuckles and cash. C.I. was charged with possession of cocaine for the purpose of trafficking and possession of proceeds of crime.

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

K.I. was at a local recreation centre with his son. A teenager began to insult and taunt K.I.’s son. The police alleged that K.I. pushed the teenager and charged him with assault contrary to s. 266 of the Criminal Code. Ms. Fagan was successful in having the charge against her client completely withdrawn.

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

W.C. was charged with forcible confinement, contrary to s. 279(2) of the Criminal Code, assault, contrary to s. 266 of the Criminal Code and sexual exploitation, contrary to s. 153(1)(b) of the Criminal Code which reads:

Sexual exploitation

• 153 (1) Every person commits an offence who is in a position of trust or authority towards a young person, who is a person with whom the young person is in a relationship of dependency or who is in a relationship with a young person that is exploitative of the young person, and who
  • (b) for a sexual purpose, invites, counsels or incites a young person to touch, directly or indirectly, with a part of the body or with an object, the body of any person, including the body of the person who so invites, counsels or incites and the body of the young person.

The allegation was that while working at a youth facility W.C. engaged in a sexual relationship with a 17 year old (there was less than a 3 year age gap between the two). The complainant alleged that W.C. had provided her with alcohol and drugs in exchange for sexual favors, and that when she threatened to expose their relationship he forcibly confined and assaulted her. The Crown was in possession of social media communications between the two parties that it believed tended to support her version of events. ‘Not guilty’ pleas were entered and a two day trial was scheduled. Ms. Fagan filed a Charter notice in advance of the trial date arguing, among other things, that her client’s right to make full answer and defence had been violated. As a result of the issues that the Crown had with its case as identified by Ms. Fagan, these charges never proceeded to trial. All charges against W.C. were withdrawn.

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 received confidential source information that a person was dealing drugs out of their unit in staff housing. Police installed a camera in the staff housing hallway and watched the coming of going of dozens of people, consistent with the information that they had received from the confidential source. The police eventually obtained a search warrant and discovered a veritable pharmacy in the unit they believe belonged to P.K.. Police located large amounts of cocaine, methamphetamine, LSD, psilocybin (“magic mushrooms”), fentanyl and carfentanyl. Additionally police discovered over $30,000 in cash. P.K. was charged with 14 criminal allegations. Ms. Fagan was retained to conduct a 4 day trial and was successful in securing a stay of proceedings on all charges against her client.

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 received information from a confidential source that a particular phone number was being used to sell fentanyl. Between the summer of 2018 and the winter of 2019 the police made approximately a dozen purchases of fentanyl from a male, W.W.. During a number of these purchases W.W. was seen entering another vehicle prior to meeting with the undercover officer. W.W. advised the undercover that this was his supplier. After making a final purchase of fentanyl the police stopped the vehicle of the believed-to-be supplier and arrested the sole occupant, H.A.P. The police conducted a warrantless arrest and search incident thereto locating cash and a significant amount of fentanyl and cocaine. Ms. Fagan filed a Charter notice arguing that her client was subject to an unlawful arrest and search, and that the police had engaged in entrapment. The matter was scheduled for a 4 day trial. Ms. Fagan was successful in securing a stay of proceedings prior to the Crown calling its first witness at trial.

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.

In the summer of 2019 C.A. was alleged to have gotten into a fight with an acquaintance. The acquaintance suffered severe injuries and C.A. was charged with assault. While there were multiple civilian witnesses, Ms. Fagan was successful in securing the withdrawal of the charge without going to trial.

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.

In the late Fall of 2019 members of the Calgary Police Service received a 911 call in regards to a domestic disturbance. They responded and immediately located and began questioning S.S. about what had occurred. S.S.’s girlfriend was located with her lip split entirely open, which required several stitches and dental surgery to correct. She alleged that S.S. had struck her while he was driving as she sat in the passenger seat of their vehicle. S.S. was arrested and charged with assault causing bodily harm. Ms. Fagan entered a plea of ‘not guilty’ and scheduled the matter for trial. The trial lasted four full days. At the conclusion of hearing evidence and argument the Judge agreed with Ms. Fagan that the Crown had not proven her client’s guilt beyond a reasonable doubt. S.S. was found ‘not guilty’.

BOTTOM LINE: An acquittal was entered at the conclusion of trial. Not guilty.

Police responded to a call for service in SW Calgary. The caller had indicated concern that a vehicle was parked in an alleyway idling and the driver appeared to be asleep. Several officers, with firearms drawn attended at the vehicle and awoke the driver by shattering the driver’s side window and physically pulling him through the window. Thereafter the police violently took him to the ground and pointed firearms at him. During the course of H.A.S.’s unceremonious eviction from his vehicle a bag of cocaine fell to the ground. Police conducted further searches and discovered approximately 12g of cocaine, 10g of fentanyl, cash and a knife. The police also discovered that H.A.S. was out on bail conditions for another set of drug allegations. In total, H.A.S. faced six serious charges that carried with them, upon conviction, the certainty of a significant time in prison. H.A.S. was initially represented by other defence counsel for preliminary inquiry, but sought Ms. Fagan’s expertise for trial. Ms. Fagan was successful in securing a stay of proceedings on all charges against her client prior to the commencement of a five day trial.

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.

E.N. was out drinking with friends at a local restaurant. He got into a verbal altercation with another patron and the two decided to “take things outside”. A fight ensued and witnesses told police that E.N. knocked the other male to the ground and then proceeded to kick his head. Serious injuries ensued which required transport to hospital. E.N. was arrested and charged with assault causing bodily harm. A ‘not guilty’ plea was entered and a one day trial was scheduled. The trial commenced as scheduled. Midway through trial the Crown acknowledged the strength of Ms. Fagan’s position and ultimately asked the Judge to dismiss the charge against E.N.

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.

Members of the Calgary Police Service were on routine patrol in Northeast Calgary in the winter of 2020. They observed what they described as a “suspicious interaction” by a driver in a vehicle. They stopped that vehicle and spoke with the driver, observing 8.9g of crack cocaine in a baggie on his lap. They arrested him and discovered more than $5000.00 cash in the vehicle. B.A. was charged with possession of crack cocaine for the purpose of trafficking and possession of proceeds of crime. Ultimately Ms. Fagan entered a guilty plea on behalf of her client to the lesser included offence of simple possession of cocaine (i.e. personal use) and conducted a sentencing hearing where she argued that in the unique circumstances, her client should be granted an absolute discharge (meaning that there would be no criminal record). The Judge ultimately agreed with Ms. Fagan.

BOTTOM LINE: Ms. Fagan was successful in ensuring that there was no criminal record incurred for the charges that he hired her to defend.

In late 2018 members of the Calgary Police Service contacted a phone number that had been provided to them by way of a Crime Stoppers tip. The police arranged a meeting with the person who answered there phone, purportedly to purchase heroin. Two males attended at the agreed upon meeting spot in a vehicle and the undercover police officer entered the backseat of that vehicle. During the interaction in the vehicle, one of the males demanded that the undercover officer sample the heroin in front of them so that they could ensure that s/he was not a police officer. When the undercover officer refused, the males demanded s/he exit the vehicle and threatened the use of a weapon. No sale of heroin ever occurred. The two males were arrested and upon searching the vehicle the police discovered a substantial amount of cocaine and cash. H.A.C. was charged with possession of cocaine for the purpose of trafficking and possession of proceeds of crime. A three day trial was scheduled in the Court of Queen’s Bench of Alberta. Ms. Fagan was successful in securing a stay of proceedings on all charges against her client.

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.

C.A.D. was at the Calgary International Airport. While going through pre-board screening a set of brass knuckles was found in a bag alleged to belong to him. The police eventually arrested him for possession of a prohibited weapon contrary to s. 92(2) of the Criminal Code. Ms. Fagan was successful in securing the withdrawal of the charge prior to trial.

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.