R. v. M.J. [Provincial Court of Alberta, Calgary, February 2019]

M.J. faced twenty-two (22) charges which included possession of proceeds of crime and trafficking in cocaine. On ten occasions M.J. was alleged to have sold cocaine to an undercover police officer over the course of seven months. Most of these transactions were captured in a high quality audio-visual recording in which the seller (allegedly M.J.) was clearly identifiable. The challenges that this presented from a Defence perspective were obvious. The Crown’s position on sentence for a pre-trial guilty plea was …

R. v. C.A. [Provincial Court of Alberta, Calgary, February 2019]

C.A. was charged with robbery contrary to section 344 of the Criminal Code; aggravated assault under s. 268 of the Criminal Code and uttering death threats contrary to s. 264.1 of Criminal Code. The complainant alleged that C.A., who he knew socially, attacked and robbed him in an alley leaving him with devastating and permanent damage to his face. C.A.’s position was that the fight was consensual and there was no robbery. BOTTOM LINE: Ms. Fagan was able to get …

R. v. M.J. [Provincial Court of Alberta, Calgary, March 2019]

For the third time in two years M.J. was charged with a litany of offences relating to the alleged possession of and trafficking in cocaine. Each time Ms. Fagan successfully secured his release on bail. For M.J.’s third arrest he retained the services of another lawyer for the purposes of bail and was ordered detained in custody by the presiding Justice of the Peace. He then retained Ms. Fagan to conduct a bail review. BOTTOM LINE: Ms. Fagan successfully obtained …

R. v. S.T. [Provincial Court of Alberta, Calgary, March 2019]

S.T. was pulled over for failing to signal and for apparently swearing at the police as he drove by. The police smelled fresh raw marijuana and proceeded to ask S.T. questions relative to the existence and quantity of same. This was all captured on the police in-car audio-visual recording system and disclosed to defence. The police found what was described as a “moving pharmacy” – S.T. was charged with illegal possession of clonazepam, diazepam, oxycodone, oxycontin, apo-oxycodone-aceaminphen, morphine, oxycocet and …

R. v. E.K. [Provincial Court of Alberta, Calgary, March 2019]

E.K. was charged with possession of fentanyl. E.K. was an addict who had been using fentanyl for years and was eventually arrested when a cab driver called the police because she was passed out in the back seat of his taxi. When the police arrived they located the fentanyl on her person. In light of the well-publicized dangers of fentanyl, the Crown Prosecutor’s office had been asking courts to impose jail terms on those convicted of simple possession, even where …

R. v. S.A. [Provincial Court of Alberta, Calgary, April 2019]

A member of the Calgary Police Service responded to a single motor vehicle crash where a vehicle had crashed into the center median in the City’s northeast due to icy conditions. The police arrived and spoke with S.A. about the crash. S.A. asked if he could sit in the police vehicle to stay warm, as it was -30’C. The police officer obliged and put him in the back of the police vehicle. While S.A. was seated there, the police ran …

R. v. D.B. [Provincial Court of Alberta, Calgary, April 2019]

The Calgary Police Service received a complaint that someone was illegally selling software (valued at $17,000) on Kijiji for $500.00. An investigation was started and the police ultimately purchased a copy of this software from a person they believed to be D.J.. In doing so they were directed to make an e-transfer to a specified account, which they did. A production order was obtained for the bank information relating to this account, which was in the name of D.B. A …

R. v. F.J. [Provincial Court of Alberta, Cochrane, April 2019]

F.J. was pulled over for running a stop sign at approximately 2:00am. The police detected alcohol on his breath, observed that he had slurred speech and alcohol was observed throughout the vehicle.  F.J. was arrested for impaired driving. The in-car audio visual recording showed that F.J. was less than courteous with police … this eventually led to an altercation in which the police were allegedly injured by F.J.  F. J. was charged with impaired driving, refusing to provide a breath …

R. v. M.K. [Provincial Court of Alberta, Calgary, April 2019]

The police received multiple calls about an impaired driver. Each of these calls detailed that the driver almost hit a child on a bicycle, that he was falling asleep at red lights, that he was running other vehicles of the road and that he was erratically weaving in and out of traffic. A civilian witness followed M.K.’s car into a cul de sac in a residential area and watched him fall asleep at the wheel of his vehicle in the …

R. v. D.A. [Provincial Court of Alberta, Canmore, May 2019]

D. A. had spent the day snowboarding and as he was driving from the ski hill he ran into a check stop. At the check stop it was noted that there was a smell of burnt cannabis coming from the vehicle. D. A. had glossy bloodshot eyes and the smell of cannabis was still present when D. A. got out of the vehicle. D. A. admitted to smoking cannabis 1 hour prior. A Standard Field Sobriety Test was administered, which …

R. v. C.S. [Provincial Court of Alberta, Calgary, May 2019]

C.S. was pulled over for running a red light on 17th avenue SW at approximately 2:00am. The police detected an odor of alcohol coming from the vehicle. C.S. maintained that she had not drank any alcohol and that the odor of alcohol was coming from her three intoxicated passengers, for whom she was the designated driver. A demand for a roadside sample of her breath was made and for whatever reason, C.S. was unable to provide a suitable sample. She …

R. v. S.P. [Court of Queen’s Bench of Alberta & Provincial Court of Alberta, Calgary, January 2018]

The police received information from a confidential informant that S.P. was transporting large amounts of high quality marijuana from British Columbia to Alberta and Saskatchewan. Police investigated the tip by locating S.P. and putting a tracking device on a rental vehicle she had been known to use. Police also conducted a “garbage pull” where they found evidence of marijuana in her discarded trash. Weeks into the investigation police tracked S.P.’s rental vehicle from Calgary to interior BC. After a brief …

Mount Royal University Hearing [February 2018]

B.M. was charged with a number of serious offences arising from allegations that he had broken into a Mount Royal Professor’s home (a woman in her 60s) and beat her so severely that both her hands were broken. He was charged with a number of offences including two counts of s. 348(1)(b), break and enter with intent to commit an indictable offence. B.M. was a student at Mount Royal in his last semester of study. B.M. received notification from the …

R. v. M.E. [Alberta Provincial Court, Didsbury, February 2018]

M.E. was pulled over driving a vehicle on the highway outside of Didsbury as a consequence of a burnt out tail light. The police ran his information through a computer database and discovered that there was a warrant out for his arrest. They arrested him. As no one (the driver nor the passenger, a 16 year old girl) could produce insurance or registration for the vehicle, it was towed. The police conducted an inventory search of the vehicle prior to …

R. v. K.R. [Alberta Provincial Court, Calgary, April 2018]

Police received a report of “road rage” complaining of a driver who waived a handgun and threatened another motorist. Police obtained a description of the driver and the vehicle and located a vehicle matching the same description. Police cornered the vehicle and drew their firearms, demanding that the driver exit his vehicle. The driver rolled up his windows and did not exit the vehicle for several minutes. Once he exited he was arrested and the vehicle was searched. Police discovered …

R. v. M.R. [Provincial Court of Alberta, Strathmore, April 2018]

Police received a call from concerned family members that M.R. was going to commit suicide or otherwise harm himself and that he was in possession of several firearms. The police attended at his residence and endeavored to gain consensual access without any luck. The ultimately deployed tear gas and conducted a forced entry, locating M.R. and several firearms (which were all lawfully owned and stored). The Crown brought an application to have all the firearms forfeited. It argued that it …

R. v. C.A. [Alberta Provincial Court, Calgary, June 2018]

C.A. was charged with refusing to provide a breath sample and impaired driving. Just after 2:00am a civilian witness saw the vehicle driven by A.C. lose control and run into a power pole in the downtown core going approximately 60 km/ hour. The vehicle was described as driving up the pole and then doing a 180 turn. The powerlines were knocked to the ground. Police, EMS and fire were dispatched. When the police arrived on scene they asked C.A. what …

R. v. F.M. [Alberta Court of Appeal, Calgary, June 2018]

F.M. was represented by other counsel at trial (i.e. NOT Ms. Fagan or anyone from her firm). Following trial he was convicted of three counts of trafficking cocaine and three counts of possession of proceeds of crime. He was sentenced to 2.5 years in prison. He retained Ms. Fagan for the purpose of providing an opinion as to the merits of the appeal and to make an application for bail pending appeal (notoriously difficult to obtain in this jurisdiction). Extensive …

R. v. H.S. [Provincial Court of Alberta, Lethbridge, July 2018]

In an odd factual scenario, H.S. was charged with assaulting her husband and he in turn was charged with assaulting her. H.S. unequivocally asserted her innocence. She was charged under section 266 of the Criminal Code. Ms. Fagan was prepared to enter a plea of ‘not guilty’ and schedule a trial date. Before doing so she spoke with the Crown, and was successful in getting him to agree to withdraw the charge against her client BOTTOM LINE: The charge against …

R. v. R.M. [Provincial Court of Alberta, Jasper, July 2018]

R.M. was charged with assaulting her boyfriend following a night of drinking (section 266 of the Criminal Code). Due to the comparatively minor nature of the allegations, the Crown offered to resolve the matter by way of a peacebond (ie. withdrawal of the charges so long as certain conditions are satisfied). The issue was that R.M. was at risk of losing her career if she received a peacebond or was convicted. BOTTOM LINE: Ms. Fagan successfully negotiated with the Crown …