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 …

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

The police conducted a vehicle stop on P.K.’s vehicle after observing that it had damage to its front end. Police computer database checks showed that P.K. had a warrant for his arrest. He was arrested and his vehicle was searched incident to arrest. He was ultimately charged with three counts of section 5(2) of the Controlled Drugs and Substances Act – Possession for the purposes of trafficking in cannabis resin, cocaine, methamphetamine and with possession of proceeds of crime. Ms. …

R. v. M.N. [Provincial Court of Alberta, Calgary, August 2018]

M.N.’s matters had a complicated history. In 2014 he had been convicted under the Securities Act of fraudulently obtaining funds from various people for an investment he was promoting (which as it turns out, did not exist). He entered guilty pleas under the Securities Act and spent 2 years in jail and 3 years on probation (note: Ms. Fagan was not counsel at this time). While he was in custody the police discovered other alleged victims of M.N.’s scheme and …

R. v. S.J. [Provincial Court of Alberta, Airdrie, September 2018]

S.J. drove through checkstop set up by police. Police observed an odor of alcohol on S.J.’s breath and an “overwhelming” odor of alcohol coming from the vehicle. A demand for a roadside sample of his breath was made. After five attempts to provide a sample S.J. was arrested for failing to/ refusing to provide a breath sample. S.J. denied drinking and said that the smell of alcohol originated from his brother, who was his passenger. Ms. Fagan scheduled the matter …

R. v. V.H. [Provincial Court of Alberta, Calgary, September 2018]

In early 2017 the Calgary Police Service was involved in an undercover drug investigation targeting V.H.. The police eventually made an evidentiary purchase of cocaine from V.H. (allegedly), which was captured on film. Further attempts were made to purchase cocaine by the police without any luck for several weeks. Finally a second transaction was arranged. When V.H. attended for the meet the police arrested him and searched his vehicle. There they located large amounts of cocaine, marijuana and cash. V.H. …

R. v. W.O. [Arrest Processing Unit, Calgary, September 2018]

W.O. was charged with sexually assaulting one of his employees, contrary to s. 271 of the Criminal Code. This alleged sexual assault was captured on video. W.O. retained Ms. Fagan initially for bail and later for trial. BOTTOM LINE: Ms. Fagan was able to secure W.O.’s release on minimal conditions promptly following his arrest.

R. v. B.M. [Court of Queen’s Bench of Alberta, Calgary, September 2018]

B.M. was charged with a single count of sexual assault. B.M. and his friends met two women at a liquor store. They invited them to drink in their hotel room and as a group they later went out to a local bar. When the bar closed, the group including two women returned to the hotel room. One of the women alleged that B.M. had non-consensual sexual intercourse with her at that time. The other woman told police that she had …

R. v. N.R. [Provincial Court of Alberta, Calgary, October 2018]

N.R. was facing almost 30 charges stemming from multiple seperate investigations, in three different jurisdictions. In one rural Alberta town he was alleged to have driven by a police officer going double the speed limit and a police chase ensued. They ultimately traced N.R. to a residence which the police entered and searched finding a loaded handgun and cocaine. N.R. was charged with a number of firearm offences and possession of cocaine for the purpose of trafficking. He was released …

R. v. G.A. [Provincial Court of Alberta, Calgary, November 2018]

G.A. was charged under s. 268 of the Criminal Code with aggravated assault (i.e. one step below manslaughter) following a “brawl” outside of a local bar. The police alleged that G.A. had kicked the complainant in the head and permanently paralyzed him from the neck down. There were multiple witnesses, and the kick and subsequent paralysis was captured on CCTV video. If convicted G.A. faced significant jail time. The matter was scheduled for a preliminary inquiry. In advance of the …

R. v. M.A. [Provincial Court of Alberta, Calgary, November 2018]

Members of the Calgary Police Service conducted a traffic stop on a vehicle when the driver failed to signal before turning. M.A. was seated in the back seat of the vehicle. The police noted indicia consistent with the possession of drugs – an odor of marijuana, nervousness and evasiveness by the occupants of the vehicle. The driver and M.A. were arrested. A bag of 61.9g of crack cocaine was located in a bag draped around M.A.’s shoulder along with two …

R. v. J.C. [Provincial Court of Alberta, Calgary, December 2018]

Police observed J.C. fail to stop at a stop sign. When they pulled him over he was unable to produce his vehicle documentation and the police detected alcohol on his breath. J.C.’s partner was in the vehicle and advised the police that J.C. had been drinking. J.C. was asked to and did provide a roadside sample of his breath, which showed a FAIL and gave the police the ostensible grounds to arrest him. He was taken to the police station …

R. v. A.D. [Court of Queen’s Bench of Saskatchewan, Swift Current, December 2018]

A.D. was driving along the TransCanada Highway heading east when he was pulled over by members of the RCMP. When they approached the vehicle to speak with A.D., the driver and lone occupant, the officers sensed that he was nervous and noted what they believed to be several indicia of a person transporting drugs including that he was driving a rental car which was rented for a short period of time, and was travelling from a “source” Province to a …