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. 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 …

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 …