R v. ANN: [Court of Justice, Calgary – April 2026]
SUMMARY: ANN was the target of an investigation conducted by the CPS Organized Crime Offender Management Unit and the Gun Violence Enforcement Team.
As a consequence of police surveillance, they obtained a Warrant to Search the home and vehicle of ANN. As a consequence of those searches the police seized a substantial quantity of crack cocaine packaged for resale, a loaded Glock 45 calibre handgun (with a defaced serial number) and in excess of $25,000.00 cash. ANN was charged with a number of offences including:
(1) Possession of a Loaded Handgun
(2) Possession of Cocaine for the Purpose of Trafficking
(3) Possession of Proceeds of Crime.
The case for the prosecution appeared exceedingly strong for a number of reasons, not the least of which was the presence of ANN’s DNA on the handgun.
Bottom Line: Patrick Fagan managed to successfully terminate the entire prosecution as a consequence of a violation of ANN’s constitutional right to be tried within a reasonable period of time as guaranteed by Section 11(b) of the Charter and as mandated by the Supreme Court of Canada in R v. Jordan, 2016 SCC 27.
Patrick C. Fagan is a highly accomplished lawyer with an impressive career spanning over 35 years in the legal field.
