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 …

R. v. WLG, [ABPC, Calgary – January 2020]

WLG was charged with possession of cocaine for the purpose of trafficking, possessing proceeds of crime and conspiracy to traffick in cocaine. This was a multi-kilogram cocaine case involving a lengthy police investigation which included extensive physical and electronic surveillance. BOTTOM LINE: Prior to commencement of trial proceedings, Patrick Fagan was successful in convincing the Crown of the strength of his constitutional position, resulting in a on ALL charges.

1. Regina v. WDW [Provincial Court of Saskatchewan, Saskatoon – March 2019]

In April 2018 the Saskatoon Police Service (“SPS”) commenced an investigation into the alleged drug trafficking activities of a local target we’ll call NNN. The police conducted surveillance on NNN throughout April and May 2018 during which they observed meetings of short duration consistent with (in the opinion of the police) drug trafficking. Towards the end of May 2018 the police, while conducting surveillance on NNN, watched him return to his home in downtown Saskatoon. NNN then left his home …

2. Regina v. LPJ [Provincial Court of Alberta, Calgary – April 2019]

In June 2018 at approximately 9:00 a.m. a uniformed member of the Calgary Police Service (“CPS”) initiated a traffic stop of a vehicle a vehicle being driven by LPJ. When the police conducted a CPIC check on LPJ, they noted that he had existing bail conditions which prohibited him from possessing a cellular phone. When the police returned to LPJ’s vehicle they observed a cellular phone on the front console. When the police asked LPJ to step out of the …

3. Regina v. HHW [Court of Queen’s Bench of Alberta, Calgary – April 2019]

HHW was the primary target of a drug investigation conducted by members of the Calgary Police Service (“CPS”). The investigation, which lasted several months, involved the use of so-called confidential informants, extensive surveillance and the covert installation of a hallway video recorder. The police investigation culminated in the execution of a warrant to search the premises which had been monitored by the hallway camera (hereinafter referred to as the “target premises”). A search of the target premises revealed the presence …

4. Regina v. AZS [Provincial Court of Alberta, Calgary – May 2019]

Over the course of 7 months AZS was “alleged” to have been involved in no less than 8 separate hand-to-hand cocaine transactions involving the same Calgary Police Service (“CPS”) undercover officer. To complicate matters, a video was obtained in relation to several of the undercover transactions and on take-down day (the date of AZS’s arrest) he was found in possession of a quantity of cocaine that was obviously packaged for sale. As a consequence of the foregoing, AZS was charged …

5. Regina v. SDK [Provincial Court of Alberta, Calgary – June 2019]

Police received information from a reliable source that SDK was actively involved in the trafficking of cocaine and heroin. Consequently, the police engaged in an 8 month investigation involving physical and electronic surveillance of SDK and his associates. At the conclusion of that investigation the police executed multiple warrants to search which resulted in the seizure of a large quantity of powder cocaine, crack cocaine, heroin, (PCP – “angel dust”) as well as trafficking paraphernalia such as scales, packaging material …

6. Regina v. KDK [Calgary Provincial Court, June 2019]

In November 2017 members of the Calgary Police Service (“CPS”) Gang Enforcement Team (“GET”) initiated a drug trafficking investigation entitled “Gas Lamp”. This was initially a surveillance and intelligence gathering based investigation that targeted KDK and a number of other persons as individuals allegedly running a dial-a-dope operation in the City of Calgary. At the conclusion of the investigation, based on evidence and observations made by GET, a number of warrants to search were obtained and executed in June 2018. …

7. Regina v. WSW [Calgary Provincial Court, June 2019]

A joint forces operation involving the RCMP and Medicine Hat Police Service (MHPS) commenced an investigation in the Fall of 2016 into the drug trafficking activities of a dial-a-dope operation centred in Gleichen and Strathmore, Alberta. According to the police, between December 14, 2016 and March 8, 2017 an undercover officer of the MHPS purchased various quantities of cocaine from WSW on no less than six occasions. WSW was ultimately arrested and charged with the following offences: Count 1: Trafficking …

8. Regina v. DJD [Court of Queen’s Bench of Alberta, Calgary, June 2019]

This is an all too typical “Pipeline” case involving a uniformed member of the RCMP conducting a drug investigation under the guise of a traffic investigation. In the circumstances of this particular case (as with most Pipeline cases) the police observed a vehicle and/or occupant who matched some investigative profile consistent with the potential transportation of contraband. As to precisely what that “profile” might be in any given circumstance, it is exceedingly hard to tell. Why? The police steadfastly deny …

9. Regina v. PJL [Provincial Court of Alberta, Calgary, September 2019]

The police received a report of a vehicle losing control and sliding off the road into a snowbank. When the police arrived at the scene they observed PJL endeavouring to drive his vehicle out of the ditch. The police shouted at PJL to turn the car off but PJL refused and continued to spin the wheels of the vehicle. Finally, the police threatened to taser PJL if he did not comply, whereupon PJL exited the vehicle. PJL was taken abruptly …