R. v. KAA [Provincial Court of Alberta, Calgary – March 2021]

SUMMARY: The CPS HAWC helicopter observed suspicious activity on the part of a vehicle and directed a patrol car to stop it. The police activated their emergency lights but the target vehicle failed to stop. The target vehicle was ultimately apprehended and when the vehicle was searched the police found a quantity of fentanyl and cocaine. KAA was charged with the following offences:  Possession of fentanyl for the purpose of trafficking;  Possession of cocaine for the purpose of trafficking;  Dangerous …

R. v. KEM [Provincial Court of Alberta, Cochrane – July 2021]

SUMMARY: While operating a motor vehicle on the Trans-Canada Highway near Lake Louise KEM was stopped by the RCMP and subjected to a Pipeline investigation. As a consequence of that investigation the police seized over 30 kilograms of cannabis marijuana from the vehicle and charged KEM with possession of that substance for the purpose of trafficking.  Bottom Line: Patrick Fagan was successful in convincing the Crown of the strength of his constitutional arguments vis a vis the “Pipeline” stop and …

R. v. RAH [Provincial Court of Alberta, Airdrie – October 2021]

SUMMARY: As a consequence of a shot being fired through the wall of a home in Airdrie, the RCMP were summoned to the scene and an investigation led shortly thereafter to their attendance upon the residence of RAH. When the police entered the residence, not only did they locate the firearm from which the stray shot was fired but a large quantity of fentanyl and cocaine. Consequently, RAH was arrested and charged with the following offences:  Possession of a firearm …

R. v. FFF [Provincial Court of Alberta, Calgary – October 2021]

SUMMARY: The CPS Guns and Gangs Unit commenced an investigation into the alleged drug trafficking activity of FFF and that investigation led to his arrest and the seizure of firearms and various drugs including fentanyl. FFF was arrested and charged with the following offences: Possession of a handgun;  Possession of a handgun for a purpose dangerou s to the public; 3. Possess a concealed handgun;  Possess a handgun without a license;  Possess a handgun in a motor vehicle;  Possess a …

R. v. HAN [Provincial Court of Alberta, Calgary – November 2021]

SUMMARY: HAN was stopped by the Calgary Police Service (“CPS”) as a consequence of rolling through a stop sign. During the course of that stop the police made certain observations that led to the seizure of a quantity of fentanyl and crack cocaine. When the police endeavoured arrest HAN he allegedly struck the officer and endeavoured to run – he didn’t get far. The police charged HAN with possession of fentanyl for the purpose of trafficking, possession of crack cocaine …

R. v. LAA [Court of Queen’s Bench of Alberta, Red Deer December 2021]

SUMMARY: In the spring of 2019 the RCMP commenced an investigation into the alleged drug trafficking activity of LAA. The RCMP believed that LAA was transporting cocaine at the multiple kilogram level from Calgary to central Alberta where he was supplying local high-level dealers. Ultimately, police investigation resulted in substantial seizures including approximately $100,000.00 cash, firearms, 1000 fentanyl pills, a brick of cocaine, half a brick of methamphetamine, 300 grams of ecstasy, 16 grams of heroin, etc. etc. etc. LAA …

R. v. GAD [Court of Queen’s Bench of Alberta, Calgary – February 2022]

SUMMARY: GAD was operating his SUV eastbound on the Trans-Canada Highway near Banff when he was pulled over, detained and searched by an RCMP “Pipeline” investigator. The police seized several kilograms of cocaine and fentanyl from GAD’s SUV and charged him with possession for the purpose of trafficking in relation to both drugs. Bottom Line: Patrick Fagan was successful in killing ALL charges against GAD after preliminary inquiry and before commencement of a Queen’s Bench trial by way of the …

R v. PAWS, [Provincial Court of Alberta, Cochrane – August 2022]

SUMMARY: As a consequence of a Pipeline Investigation PAWS was charged with the following offences:  Possession of Cocaine for the purpose of trafficking.  Possession of Fentanyl for the purpose of trafficking.  Possession of Methamphetamine.  Possession of Proceeds of Crime.  Breach of Recognizance.  Patrick Fagan was successful in having ALL charges against PAWS completely WITHDRAWN at Preliminary Inquiry. During the early morning hours of June 2021, the RCMP stopped PAWS as he was operating his Jeep on the Stoney First Nation. …

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

SUMMARY: HAF was the target of an undercover operation during which he was alleged to have engaged in 2 hand-to-hand cocaine sales to an undercover officer of the Calgary Police Service ( “CPS”). HAF was charged with trafficking in cocaine. Patrick Fagan was successful in having ALL charges completely WITHDRAWN. Trafficking charges which involve hand-to-hand undercover transactions are extremely difficult to defend. Why? The case for the prosecution tends to be relatively straightforward and turns almost entirely on the sworn …

R v. RSS [Court of Queen’s Bench of Alberta, Calgary – October 2022]

At the conclusion of a 1-week trial RSS was found NOT guilty of ALL charges including:  Possession of methamphetamine for the purpose of trafficking . Possession of cocaine for the purpose of trafficking.  Possession of fentanyl.  Possession of cannabis marijuana for the purpose of trafficking. Possession of proceeds of crime.    SUMMARY: The police received information from a confidential informant that RSS was trafficking in kilograms of cocaine and methamphetamine in the City of Calgary. The police launched an extensive …

R. v. PJO, [Provincial Court of Saskatchewan, Saskatoon – May 2019]

PJO was the proprietor/manager of what is perceived by the local police service as an establishment of ill repute. PJO found himself in a dispute  with a female tenant of the establishment over rent and remuneration.  The women took her complaint to the police where she accused PJO of  sexual assault and threatening to kill her. Consequently, the police  charged PJO with uttering death threats, inducing sexual contact by  threats, and sexual assault. PJO retained Patrick Fagan to defend this  …

R. v. KAK, [Provincial Court of Alberta, Airdrie – March 2019]

KAK was a well-to-do successful businessman engaged in nasty  domestic proceedings with his estranged wife. During the course of  separation, she accused him of physically abusing and sexually  assaulting her on multiple occasions. Upon receipt of her statement, the  police charged KAK with a number of offences including uttering death  threats and sexual assault. KAK retained Patrick Fagan to defend this  most serious criminal prosecution.  BOTTOM LINE: After protracted negotiation with the assigned Crown  Prosecutor, Patrick Fagan was successful (prior …

R. v. KAR, [Court of Queen’s Bench of Alberta, Red Deer – October 2020]

KAR, a young man with no prior criminal convictions, was involved in  a long term “friends with benefits” relationship with a young adult  woman. They maintained independent residences and would visit each  other at all hours of the day and night for mutual sexual gratification as  their moods dictated. At the conclusion of the last sexual interlude (at  her place) she accused KAR of raping her and promptly called the  police. The police attended, took her statement and charged KAR …

R. v. MOT, [Provincial Court of Alberta, St. Albert – October 2020]

MOT was accused of sexually assaulting a fellow wedding party  attendant during the course of a dance which followed the ceremony.  According to the adult female Complainant, MOT forced himself upon  her at the entranceway to the dance hall. Specifically, she alleged that  he kissed her and groped her beneath her dress. After several months  delay, she called the police and accused MOT of sexual assault.   MOT steadfastly denied forcing himself upon the Complainant or  otherwise sexually assaulting her. He …

R. v. ASA, [Provincial Court of Alberta, Calgary – September 2020]

ASA was a young male professional with no prior adverse contact with  the police. He was invited to the home of a colleague as she had become  startled by random damage occasioned to her property. Well… ASA did  attend as requested where further conversation and a few beers led to  intimacy and sex.   They remained friends and colleagues for close to a year thereafter when, out of nowhere, the Complainant called the police and accused  ASA of sexual assault.   ASA …

R. v. FJR, [Provincial Court of Alberta, Calgary – August 2020]

After a night of drinking, FJR was alleged to have grabbed the breasts  of a female cab driver while being driven home. While there was a  somewhat curious extended delay in the reporting of the incident, the  taxi driver was crystal clear in her account of what transpired and the  identity of her assailant. As a consequence of the foregoing, FJR found  himself charged with sexual assault.   While the allegations giving rise to the prosecution were by no means  on …

R. v. GWA, [Court of Queen’s Bench of Alberta, Lethbridge – July 2020]

GWA was charged with sexually assaulting 4 separate young males over  the course of an 18-month period while acting in a position of trust.  GWA was a middle-aged married man with a child of his own and no  prior adverse contact with the police whatsoever.   All 4 Complainants were wards of the State who knew each other and had deep-seated “issues”. The allegations primarily involved touching for a sexual purpose. GWA denied touching any of the boys for a sexual …

R. v. BAK, [Provincial Court of Alberta, Grande Prairie – January 2020]

BAK was a middle-aged grandparent accused of sexually assaulting his/her grandchild. Needless to say, the allegations underlying the  charges were ugly and the Crown gave the prosecution the attention  they deserved. As BAK, a person with absolutely no prior adverse history with the police was looking at a lengthy period of imprisonment if convicted, she/he retained Patrick Fagan to defend the matter.   Patrick Fagan entered an election of trial by Provincial Court Judge,  entered pleas of not guilty to all …

R. v. BAA, [Court of Queen’s Bench of Alberta, Calgary – February 2021]

BAA, a middle-aged rancher, found himself involved in a multimillion-dollar domestic proceeding with his estranged common-law spouse of many years. On the date of their final separation, she called the police and accused BAA of abusing her over an extended period of time. After providing the police with a detailed statement, the police charged BAA with a number of offences including aggravated assault, assault with a weapon, mischief to property, and uttering threats to cause death and/or bodily harm. BAA …

R. v. GGG, [ABQB, Calgary – March 2021]

GGG was charged with possession of cocaine and methamphetamine in relation to the largest drug seizure in the history of the Calgary Police Service. The “bust” drew national media attention including coverage in the Toronto Star. The following media headlines speak for themselves in terms of the significance of the seizure and gravity of the ensuing prosecution. GGG retained Patrick Fagan to defend this most serious drug prosecution as the Crown was seeking a lengthy term of imprisonment in the …