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2022

R. v. B.H.Y. – [Provincial Court of Alberta, Airdrie, September 2022]

This was an exceptionally complicated prosecution which was jointly prosecuted by the Federal Crown and Provincial Crown. What started as an investigation into a shooting unexpectedly became a serious drug investigation. The police received information from a man who said that a bullet had been fired through the window of his residence. The police conducted an investigation, and determined that the bullet had been shot from the property of B.H.Y. The police sought a warrant to search B.H.Y.’s residence in order to locate and seize the firearm that they believe had been shot. When the police attended at the residence they allegedly observed B.H.Y. dragging a locked safe out of the basement. The police attempted to arrest him and he fled into the residence. The police entered the residence and found what appeared to be a drug processing lab. The police searched the residence and the vehicles. In the residence the police located fentanyl, cocaine and two firearms. In a vehicle parked outside the police located a secret compartment with approximately $80,000 cash. In the safe that B.H.Y. had allegedly been seen dragging the police also located 272g of powder cocaine, 28.4g of crack cocaine, and almost 200g of fentanyl. B.H.K. faced a very serious prosecution, including charges such as discharging a firearm; two counts of possession for the purpose of trafficking (cocaine and fentanyl); possession of proceeds of crime, and a weapons charge. The seriousness of the fentanyl charge cannot be understated, B.H.Y would easily face a double-digit jail sentence if convicted of that offence alone. He hired Ms. Fagan who obtained disclosure, entered pleas of ‘not guilty’ and scheduled the matter for a four-day trial. Months in advance of the trial Ms. Fagan filed a Charter notice claiming that her client’s right to a trial within a reasonable time had been violated. She filed extensive materials and scheduled a one-day hearing. Upon receipt and review of Ms. Fagan’s materials the Crown prosecutors made the decision to withdraw all charges against B.H.Y.

BOTTOM LINE: Ms. Fagan was successful in having all charges withdrawn against her client. No criminal record was incurred.

R. v. H.B.B. – [Provincial Court of Alberta, Calgary, September 2022]

H.B.B. was charged in relation to an alleged domestic dispute with his “on again/ off again” girlfriend. He was alleged to have kicked in a door and entered her home. The police located H.B.B. a short distance away and proceeded to identify and question him. He was eventually charged with the very serious offence of breaking and entering with the intent to commit an indictable offence. Ms. Fagan entered a plea of ‘not guilty’ and scheduled a trial. A month prior to trial Ms. Fagan filed a Charter notice alleging a breach of her client’s Charter rights, including the breach of his right to be free from unreasonable search and seizure; his right not to be arbitrarily detained; his right to be advised of the reason for his detention and his right to counsel.

BOTTOM LINE: The charge of break and enter with intent to commit an indictable offence was completely withdrawn.

R. v. H.B.B. – [Provincial Court of Alberta, Calgary, September 2022]

Same client. Same day. After the police arrested H.B.B. for break and enter with intent he was taken to arrest processing where he was released on bail conditions later that night. One of those conditions was that he was forbidden from contacting his “on again/ off again” girlfriend. Almost immediately upon being released from custody, H.B.B. allegedly proceeded to text, call and email her in violation of the terms of his bail. She reported it to the police, who attended at his house later that evening. According to the officer who arrested him, H.B.B. was grossly intoxicated and resisted arrest. An altercation occurred. H.B.B. was charged with criminal harassment and breaching the terms of his bail conditions. He again hired Ms. Fagan, who entered pleas of ‘not guilty’ and scheduled a trial.

BOTTOM LINE: Ms. Fagan was successful in having all charges against H.B.B. completely withdrawn.

R. v. S.N.M. – [Provincial Court of Alberta, Calgary, September 2022]

S.N.M. was charged with what is colloquially referred to as “domestic assault”. His fiancé alleged that he woke up in the middle of the night and struck her in the face with a closed fist resulting in cuts and a bloody nose. When this was reported to the police S.N.M. was charged and released on bail. S.N.M. retained Ms. Fagan to defend him. Ms. Fagan entered pleas of ‘not guilty’ and scheduled the matter for trial. Ms. Fagan reviewed the arresting officer’s body worn camera footage and believed that her client was unlawfully arrested and detained, in violation of his section 9 Charter rights. She filed a Charter notice prior to trial.

BOTTOM LINE: On the day of trial the charge against her client was withdrawn.

R. v. A.A.M. [Provincial Court of Alberta, Calgary, September 2022]

A.A.M. was one 6 targets in a multi-month investigation initiated by members of “DUST” (Drug Undercover Street Team), police officers with specialized training and experience in the area of drug trafficking. A.A.M. was alleged to have sold cocaine on two occasions to an undercover officer. After the police made the second purchase of cocaine, they conducted an arrest (referred to as a “buy and bust”). When he was searched the police located a significant amount of powder cocaine and crack cocaine, in the vehicle he was driving. Police also located cash in the vehicle, including the money that had been paid by the undercover officer who bought cocaine from him the first time. A.A.M. was charged with two counts of trafficking in cocaine (s. 5(1) of the Controlled Drugs and Substances Act); possession of cocaine for the purpose of trafficking (s. 5(2) of the Controlled Drugs and Substances Act) and possession of proceeds of crime (s. 355 of the Criminal Code). A.A.M. hired Ms. Fagan, who entered pleas of ‘not guilty’.

BOTTOM LINE: Ms. Fagan was successful in keeping her client out of jail.

R. v. S.N.M. – [Provincial Court of Alberta, Calgary, September 2022]

S.N.M. was charged with assaulting his domestic partner, violating the terms of an Emergency Protection Order and four counts of violating his bail conditions. Late one night the police received an anonymous complaint saying that a woman was having a physical altercation with her boyfriend. The police responded and entered the residence of the female where they found S.N.M. hiding naked in the closet. He was arrested and charged. He hired Ms. Fagan to defend him. Ms. Fagan obtained disclosure where concerns about the credibility and reliability of the witnesses were evident. She entered pleas of ‘not guilty’ and scheduled the matter for trial.

BOTTOM LINE: All charges against S.N.M. were completely withdrawn. S.N.M. did not have to step foot in a courtroom.

R. v. S.N.M. – [Provincial Court of Alberta, Calgary, September 2022]

For the third time S.N.M was arrested for charges in relation to his domestic partner. A third party contacted the police and told them that S.N.M. had entered the woman’s home and a physical altercation was occurring as he called. He said that she was being held against her will. The police arrived and observed a woman with injuries. Again, S.N.M. was found naked and hiding in the closet. Ms. Fagan again entered pleas of ‘not guilty’ and scheduled a trial.

BOTTOM LINE: All charges against S.N.M. were completely withdrawn. S.N.M. did not have to step foot in a courtroom.

R. v. N.B.Z. [Provincial Court of Alberta, Lethbridge, May 2022]

The Lethbridge Police Service received confidential source information that N.B.Z. was dealing cocaine. The police began conducting surveillance and observed N.B.Z. engaging in meets of short duration consistent with drug trafficking. He was seen exiting a residence before these suspicious meets and after; the police confirmed with computer database checks that N.B.Z. was known to live at that residence. Eventually the police sought a warrant to enter and search the residence. When they did, they located firearms, 282g of cocaine, 22.4g of MDMA and body armour. N.B.Z. was charged with two counts of possession for the purpose of trafficking, four firearms offences and possession of proceeds of crime. When he was arrested N.B.Z. gave a full confession to the police. He hired Ms. Fagan to defend him. She promptly obtained disclosure, entered pleas of not guilty and scheduled the matter for trial. If Ms. Fagan were unsuccessful in defending her client, he would be sentenced to a significant period of federal incarceration. Ms. Fagan’s strategy was to challenge (1) the sufficiency of the grounds for the search warrant; (2) the sufficiency of the grounds for arrest; (3) the voluntariness of the confession obtaining, including an argument that her client’s right to counsel had been violated when the police interviewed him. The matter was scheduled for a three-day trial in Lethbridge Provincial Court.

BOTTOM LINE: Ms. Fagan was successful in keeping her client out of jail.

R. v. S.M.S. [Court of Queen’s Bench of Alberta, Calgary, May 2022]

S.M.S. was charged with multiple counts of trafficking cocaine. In short, he was alleged to have sold cocaine to an undercover police officer on multiple occasions. The matter was scheduled for a four day trial in the Court of Queen’s Bench. Ms. Fagan filed a Charter notice alleging a number of breaches of her client’s rights, including that his right to counsel had been violated. Ms. Fagan also advised the Crown that she would be pursuing an entrapment argument should her other avenues of defence fail. S.M.S. faced a mandatory jail sentence of a significant length (i.e. federal time) if Ms. Fagan was unsuccessful at trial.

BOTTOM LINE: Ms. Fagan was successful in keeping her client out of jail.

R. v. D.G.V. [Arrest Processing Unit, Calgary, April, 2022]

Surveillance officers observed a group engaging in activity consistent with drug trafficking, which triggered their decision to arrest the occupants of a vehicle. Within the vehicle police located D.G.V., who was allegedly breaching the terms of his bail on another drug matter. He was supposed to be on 24/7 curfew and was located outside of his home at the time of his arrest. Police also discovered that he had twelve warrants out for his arrest. A backpack located within the vehicle that allegedly contained: 8g of crack cocaine, 3g of powder cocaine, 4g of fentanyl, 4 OxyContin pills, a digital scale and cash. D.G.V. was charged with four counts of possession for the purpose of trafficking (which is punishable by up to life in prison), possession of proceeds of crime and with breaching the terms of his bail conditions. He hired Ms. Fagan to attempt to secure his release on bail, notwithstanding the obvious uphill battle.

BOTTOM LINE: Ms. Fagan was securing the client’s release on bail on reasonable terms.

R. v. P.C.K. [Provincial Court of Alberta, Calgary, March, 2022]

P.C.K. was alleged to have groped a young woman at a C-Train station. He was charged sexual assault, contrary to s. 271 of the Criminal Code. It came to light that P.C.K. had been diagnosed with and suffered from a mental illness. Ms. Fagan successfully had P.C.K. referred to the mental health diversion program.

Bottom line: The charge was completely withdrawn.

R. v. S.K.R. [Provincial Court of Alberta, Calgary, February 2022]

S.K.R. was charged with sexual interference with a person under the age of 16 contrary to s. 151 of the Criminal Code and sexual assault contrary to s. 271. Conviction on either (or both) of these counts would result in a significant jail sentence. The young complainant alleged that S.K.R. engaged in progressively more invasive sexual advances which culminated in an allegation of vaginal and anal penetration (with a dildo). S.K.R. vehemently denied the allegations. The matter was scheduled for a four-day trial and a one-day s. 11(b) Charter application (sometimes referred to as a “Jordan application”). In the context of this Jordan application Ms. Fagan argued that there was a breach of her client’s right to be tried in a reasonable time. Extensive materials were filed and oral submissions were heard from both Crown and Defence. The presiding Judge agreed with Ms. Fagan and entered a stay of proceedings on all charges. The trial dates were vacated and S.K.R. did not have to proceed to the trial.

BOTTOM LINE: Ms. Fagan was successful in terminating the prosecution against her client on a Charter voir dire. 

R. v. S.M.S. [Provincial Court of Alberta, Calgary, February 2022]

S.M.S was charged with assaulting another person in a “road rage” incident alleged to have happened on one of the city’s major roadways. S.M.S was alleged to have thrown a soda bottle at another vehicle after it had cut him off. Both vehicles pulled over and a fist fight ensued. The complainant claimed that S.M.S. had also hit him in the face with a shovel. Ms. Fagan was successful in having the charge against her client withdrawn before trial.

BOTTOM LINE: No trial and no criminal record for S.M.S.. He never even had to step foot in a courtroom.

R. v. O.K. – [Provincial Court of Alberta, Airdrie, February 2022]

RCMP Auto Theft received a complaint from someone who believed they purchased a cloned Dodge RAM vehicle and thought it might be stolen. RCMP Auto Theft conducted an exam on the vehicle and confirmed the vehicle was stolen and that the VIN had been changed in an attempt to try and conceal the true identity of the stolen vehicle. O.K. was charged with fraud and acting on a forged document (s. 380(1)(b) and s. 368(1)(a) of the Criminal Code). Ms. Fagan was successful in having the charges against her client withdrawn before trial.

BOTTOM LINE: No trial and no criminal record for O.K. He never even had to step foot in a courtroom.

R. v. G.N.A. [Provincial Court of Alberta, Calgary, January 2022]

this case read very much like a script for the movie “Gone in 60 Seconds”. G.N.A. was charged in a complex multi-month cross-border investigation into an alleged sophisticated vehicle theft and re-vinning operation. Multiple people were charged in locations across Western Canada. In total, G.N.A. faced a total of 15 criminal charges. Ms. Fagan was counsel from day one over the course of two years. She was successful in securing a stay of proceedings on all charges without G.N.A. having to step foot in a courtroom. Additionally, Ms. Fagan was successful in obtaining the return of a significant amount of cash that had been seized from N.G.A. All cash was returned to the client.

BOTTOM LINE: Ms. Fagan was able to halt the prosecution of all charges against G.N.A. No criminal record was incurred.

R. v. N.M.D. [Arrest Processing Unit, Calgary, February 2022]

This was a complex bail matter. The police were attending at a residence to arrest N.M.D. on a warrant for what was alleged to be a violent and lengthy domestic assault. It had been reported to the police that N.M.D. over the course of several hours beat, strangled and threatened his romantic partner. Police observed N.M.D. enter a high-end vehicle and observed as he sped through various communities in the northeast quadrant of the city. Police observed him switch vehicles multiple times, until he eventually entered what the police believed to be a stolen vehicle. The police initiated a traffic stop and arrested N.M.D. On arrest they located a number of handguns. He charged with two sets of criminal offences – three relating to the alleged domestic assault and eight relating to the handgun, including carrying a concealed weapon.

BOTTOM LINE: Ms. Fagan was securing N.M.D.’s release on bail on reasonable terms.