8. Regina v. K.S.R. [Provincial Court of Alberta, Calgary – July 2018]

K.S.R. was the target of a “dynamic take-down” by the Calgary Police Service (“CPS”). Specifically, the police stopped K.S.R.’s Range Rover and ordered K.S.R. at gunpoint to exit the vehicle. According to the police, they had information which led them to believe that K.S.R. may be armed and dangerous. After a brief stand-off, K.S.R. exited the vehicle whereupon he was immediately apprehended, taken-down and arrested. According to the police they detected the strong scent of fresh marihuana emanating from the …

9. Regina v. R.Q.R. [Provincial Court of Alberta, Calgary – July 2018]

R.Q.R. was driving his vehicle when the police apparently noticed that he failed to signal a lane change. Consequently, the police stopped R.Q.R. and requested his license, registration and insurance. As R.Q.R. reached to retrieve the documentation, the police observed a bag of crack cocaine hanging out of his left jacket pocket. Not surprisingly, the police immediately arrested R.Q.R. for possession of crack cocaine and conducted a search of his person and vehicle incidental to that arrest. As a consequence …

10. Regina v. K.E.E. [Provincial Court of Alberta, Calgary – July 2018]

K .E.E. became the target of a police drug trafficking investigation back in September 2016. During the period extending from September 2016 until early December 2016 the police engaged in ongoing surveillance of K.E.E. and his associates. Specifically, not only did the police observe K.E.E. engaged in a multitude of meetings of short duration consistent (in the opinion of the police) with drug trafficking but they actually apprehended persons meeting with K.E.E. As a consequence of those apprehensions, the police …

11. Regina v. AMB [Court of Queen’s Bench of Alberta (Calgary) – October, 2018]

The Calgary Police Service (“CPS”) Drug Unit engaged in a lengthy sophisticated investigation into the alleged drug trafficking activities of AMB and various other targets involving heroin, cocaine and fentanyl. In November 2016 an undercover officer of the CPS met with AMB and purchased a street quantity of heroin. AMB was not arrested immediately after the drug transaction as the police were concerned that such an arrest would compromise their investigation of a multitude of other targets. The investigation concluded …

12. Regina v. S.K.P. [Court of Queen’s Bench of Alberta (Calgary) – October, 2018]

On September 23, 2016 at approximately 5:00 p.m. a uniformed member of the RCMP stopped an eastbound Nissan for speeding on Highway No. 1 near Lake Louise, Alberta. While pursuing the Nissan the Constable also noted that it had a broken tail lamp. According to the Constable, when he approached the passenger side of the Nissan he immediately detected the scent of cannabis marijuana emanating from inside the vehicle. As a consequence of the foregoing, S.K.P. was removed from the …

13. Regina v. C.T.T. [Court of Queen’s Bench of Alberta (Calgary) – October, 2018]

In early 2017 members of the Calgary Police Service Gang Enforcement Team (GET) entered into an investigation relative to the alleged drug trafficking activities of C.T.T. Specifically, confidential information led the police to believe that C.T.T. was involved in a mid to high level drug trafficking operation in which he was supplying street level dealers with large quantities of cannabis marijuana and cocaine. During the course of the police investigation C.T.T. was observed engaged (according to the police) in activity …

14. Regina v. H.J.O. [Provincial Court of (Calgary) – November, 2018]

At approximately midnight in October 2017 H.J.O. was observed operating a black SUV at a high rate of speed within the City of Calgary. The police observed H.J.O. drive through a stop sign in a residential area thereby placing (according to the police) numerous pedestrians in the area at substantial risk. The police pursued and stopped H.J.O.’s vehicle and , when approaching the driver’s door , they detected the scent of what they believed to the cannabis marijuana. The police …

15. Regina v. S.A.A. [Court of Queen’s Bench Of Alberta (Calgary) – November, 2018]

During the summer of 2017 the Calgary Police Service received information that S.A.A. was trafficking in controlled substances. Consequently, the police launched an undercover operation during which a police undercover officer was successful in purchasing drugs from S.A.A. on three separate occasions. Undercover Buy #1 After a number of brief text messages between S.A.A. and the undercover officer (hereinafter referred to as the “U/C”) the U/C met with S.A.A. and purchased ten morphine (oxycodone) pills. According to the U/C, S.A.A. …

16. Regina v. F.A.H. [Court of Queen’s Bench of Alberta (Calgary) – December, 2018]

During the month of March 2017 the Calgary Police Service received information alleging that F.A.H. was actively trafficking in cocaine and cannabis marijuana. Consequently, the police embarked upon a drug investigation which involved several days of surveillance. According to the police, they observed nine separate incidents of F.A.H. being involved in activity consistent with drug trafficking. The police gathered sufficient information to obtain a warrant to search the residence of F.A.H. and that search yielded the following items of investigative …

17. Regina v. R.J.B. [Court of Queen’s Bench of Alberta (Calgary) – December, 2018]

In late 2016 the Calgary Police Service (CPS) received information by way of a Crime Stoppers Tip that R.J.B. was using a specific telephone to sell cocaine. Consequently, a CPS undercover officer called that number and ultimately purchased cocaine from R.J.B. on three separate occasions over the course of a two week period. Shortly thereafter the police obtained a warrant to search the residence of R.J.B. and during the execution of that warrant R.J.B. was located and arrested within his …

18. Regina v. S.A.T. [Provincial Court of Alberta (Calgary) – December, 2018]

During the course of a robbery investigation conducted by the Calgary Police Service (CPS) in March 2016, the police obtained information that led them to believe that a certain telephone number was associated with a fentanyl dial -a-dope operation. Consequently, this information was communicated to the CPS Drug Undercover Street Team ( “DUST”) and they embarked upon a drug investigation. Specifically, an undercover officer was given the task of calling the suspicious phone number for the purpose of engaging in …

Regina v. H.A.M. [Court of Queen’s Bench of Alberta, Calgary – April 2017]

This was a multimillion dollar fraud prosecution involving Canadian chartered banks. The fraudulent scheme alleged in each case was essentially the same: 1) A so-called “straw-buyer” with good credit would be recruited by HAM and a mortgage application thereafter submitted in the name of that person. 2) The mortgage application would include confirmation of “employment” as well as CRA Notices of Assessment. 3) Mortgage proceedings would be advanced in the name of the straw-buyer and title to the residential property …

Regina v. M.I.T. [Provincial Court – January 2017]

MIT is a highly educated well-placed professional actively involved in sports as a player and official.  During the course of a weekend tournament MIT and another person in attendance at the tournament (I’ll call that person YY) ended up spending the night together at a local motel.  Several weeks later YY reported that he/she had been sexually assaulted by MIT.  In spite of the fact that the police were fixed with knowledge that multiple witnesses described YY as being “all …

Regina v. S.E.G. [Provincial Court – February 2016]

SEG, a single middle-aged father in a small town, was the owner/operator of a well-established residential cleaning company.  SEG’s company employed a number of female workers, most of whom were of foreign descent. SEG was well respected in the community and had absolutely no prior adverse involvement with the police – period. While cleaning premises with several female employees, SEG was operating a central vacuum cleaner.  SEG went to relocate the vacuum wall jack from one location to another. One …

Regina v. M.M.M. [Nunavut Court of Justice – Ottawa Ontario, May 2017]

MMM is a very elderly man accused of raping an adolescent female back in the late 1960’s – yes . . . the allegations were over half a century old.  This is not a case where the complainant did not know the identity of the alleged assailant but rather a case where (for personal reasons) the matter was not reported to the police in any way, shape or form for half a century.   The trial was originally scheduled to …

Regina v. W.C.C. [Provincial Court of Alberta– September 2017]

W.C.C. is a young well educated professional male, with absolutely no prior adverse contact with the police, who found himself charged with sexual assault contrary to Section 271 of the Criminal Code. If convicted, W.C.C was looking at years in prison and life thereafter encumbered by the National Sex Offender Registry. Faced with potential ruination, W.C.C. hired Patrick Fagan to defend this criminal prosecution. Bottom Line: On day 1 of a 1 week trial, Patrick Fagan killed this ill-conceived prosecution …

1. Regina v. F.S.S. [Provincial Court of Alberta of Alberta, Calgary – January 2016]

The police executed a drug warrant on the home of FSS.  As a consequence of that search FSS was charged with a number of offences including: Possession of heroin for the purpose of trafficking contrary to section 5(2) of the Controlled Drugs and Substance Act. Possession of methamphetamine for the purpose of trafficking contrary to section 5(2) of the Controlled Drugs and Substance Act. BOTTOM LINE: Patrick Fagan was successful in having all criminal charges against FSS completely withdrawn.

2. Regina v. S.M.B. [Provincial Court of Alberta, Canmore – March 2016]

This is another PIPELINE case. An RCMP officer conducted a traffic stop of SMB’s vehicle for the purpose of conducting a “sobriety” check. During the course of that stop the officer, utilizing his Pipeline training, observed numerous indicators consistent with drug trafficking.  The officer detained SMB for a drug investigation, placed him in the rear of his police vehicle and conducted a search of SMB’s car. As a consequence of that search the police seized 80 liters of GHB – …

3. Regina v. S.I.S. [Provincial Court of Alberta, Calgary – April 2016]

The police received a complaint that persons unknown were prowling the neighborhood.  Consequently, the police stopped a vehicle occupied by 4 young men – SIS was driving.  The police immediately detected the overwhelming scent of fresh marijuana and placed all 4 men under arrest.  During the course of that arrest SIS stated (unwisely) to the police “this is my truck and all contents including cash, marijuana and the scale are mine”. A subsequent search of the vehicle revealed the presence …

4. Regina v. L.L.D. [Court of Queen’s Bench of Alberta, Calgary – April 2016]

LLD parked his van and entered a Canmore hotel.  Someone took issue with the manner in which LLD parked his van and called the police.  The police entered the hotel and apprehended LLD on the pretext of an impaired driving investigation.  During a pat down search of LLD the police seized small quantities of various drugs and placed him under arrest.  Subsequently, the police conducted a so-called “inventory” search of LLD’s van whereupon they discovered what they described as a …