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. Toronto Star – Calgary police seize over 200 pounds of drugs from Dodge Caravan CBC News – $8M in cocaine and meth seized …

R. v. MAK, [ABPC, Calgary – March 2021]

The police observed a vehicle being driven by MAK in a suspicious manner so they activated their emergency lights and endeavored to stop MAK’s vehicle. Well… MAK apparently had other ideas and led the police on a chase that ultimately involved the Calgary Police Service HAWCS helicopter. MAK and his passenger were observed by HAWCS personnel running from the vehicle. MAK and his passenger were apprehended shortly thereafter by the police. Police search of the vehicle and surrounding area revealed …

R. v. RAG, [ABPC, Calgary – February 2021]

RAG was charged with trafficking in cocaine (3 hand-to-hand transactions with the same undercover cop), possessing proceeds of crime and possession of cocaine for the purpose of trafficking. Needless to say, defending charges of direct trafficking involving hand-to-hand transactions to an undercover officer are extremely challenging and difficult to defend. Why? In simplest terms, all the Crown needs to do is call the undercover officer to the stand, have him/her identify the accused, describe the transaction, confirm the nature of …

R. v. TED, [ABQB, Medicine Hat – January 2021]

According to the Medicine Hat Police Service (“MHPS”), TED was the “ring leader” of the “largest organized crime” syndicate in the history of the MHPS. In terms of the scale of the investigation and gravity of the prosecution, the following media releases clearly speak for themselves: Global News – ALERT, Alberta police forces arrest 10, seize $200K in cocaine in trafficking investigation. Medicine Hat News – MHPS concludes ‘largest organized crime investigation’ with 60 charges, major drug seizure Chat News …

R. v. LTS, [ABPC, Calgary – December 2020]

LTS was charged with possession of fentanyl for the purpose of trafficking and possession of cocaine for the purpose of trafficking. The police received information from a so-called reliable confidential source that LTS was trafficking in cocaine and fentanyl and hence they launched an investigation involving extensive surveillance. During the course of that surveillance, the police observed what they believe to be activity consistent with drug trafficking. As a consequence of the foregoing, the police sought, obtained, and executed a …

R. v. DAR, [ABPC, Didsbury – November 2020]

DAR and his associates embarked upon a substantial enterprise involving the production of what the police believed to be an illicit controlled substance – psilocybin mushrooms. The police obtained and executed a Warrant to Search the grow premises and as a consequence of the seizure of a substantial quantity of the impugned substance, DAR and his associates were charged with production of a controlled substance contrary to s. 7(1) of the Controlled Drugs and Substances Act. By way of scientific …

R. v. BAT, [ABPC, Red Deer – July 2020]

BAT was charged with trafficking in cocaine, possession of cocaine for the purpose of trafficking and possessing proceeds of crime. The RCMP, used the services of a civilian agent (witting or unwitting) to orchestrate a hand-to-hand transaction of a street level quantity of cocaine. The police observed the civilian agent meet with BAT and thereafter return to the police with the substance purchased. The police thereafter followed BAT, stopped his vehicle and a search revealed the presence of a substantial …

R. v. HKK, [ABQB, Calgary – June 2020]

HKK was the target of a police investigation resulting in the seizure of a small quantity of cocaine. He was charged with possession contrary to section 4(1) of the Controlled Drugs and Substances Act. HKK retained Patrick Fagan to defend this drug prosecution and the matter was scheduled for trial. BOTTOM LINE: Prior to the commencement of trial proceedings, Patrick Fagan was successful in convincing the Crown of the strength of his constitutional position and the matter was successfully resolved …

R. v. ABK, [ABPC, Airdrie – May 2020]

While operating a BMW on Highway 2 north of Calgary, ABK was stopped for speeding by a uniformed member of the RCMP. Unfortunately for ABK, this Mountie was a highly trained Pipeline investigator who quickly formed the opinion that ABK was transporting drugs. The officer conducted a search of the BMW at roadside and seized a substantial quantity of cocaine, a small quantity of fentanyl and cash. ABK was charged with possession of cocaine for the purpose of trafficking, possession …

R. v. WWD, [ABPC, Red Deer – April 2020]

During the course of surveillance, the police observed WWD engaged in what they believe to be meetings of short duration consistent with drug trafficking. Consequently, the police stopped, detained and ultimately searched WWD and his vehicle. The police seized a substantial sum of cocaine (allegedly packaged for resale) and cash consistent with drug trafficking. BOTTOM LINE: Prior to commencement of trial proceedings, Patrick Fagan was successful in convincing the Crown of the strength of his constitutional position vis-à-vis s. 8 …

R. v. BIS, [ABPC, Calgary – March 2020]

BIS was charged with possession of cocaine for the purpose of trafficking, possessing proceeds of crime and breaching his recognizance. BIS was an occupant of a motor vehicle from which the police seized a relatively large quantity of cocaine and cash. BIS came to the attention of the police as he was observed operating the motor vehicle while speaking on a cellular phone (problematic in and of itself) and he was prohibited by an existing bail order from possessing a …