R. v. A.T. [Provincial Court, Calgary, July 2015]

While out on bail for obstructing a police officer, A.T. was observed by police helicopter (HAWC) operating a vehicle that was alleged to be connected to a shooting that occurred the day prior. A warrant was obtained and the vehicle was searched revealing a stolen handgun, cash, cocaine, marijuana and ecstasy in the centre console. A.T. was charged with a number of weapons offences as well as possession of cocaine and ecstasy for the purpose of trafficking, proceeds of crime and simple possession of marijuana. A.T. was released on bail conditions in June 2015 and (unbeknownst to him) police continued to conduct surveillance of him for the month following his release. Police observed A.T. involved in a number of suspicious activities. He was allegedly seen out past his curfew and repeatedly lied to his probation officer about possessing a cell phone, notwithstanding that the police had video surveillance of him texting/ speaking on a cell phone on multiple occasions. When he was arrested A.T. was alleged to have in his possession 3 cell phones and approximately $1500.00 cash. The Crown revoked his previous bail and argued that he should be detained pending trial. Ms. Fagan successfully secured A.T.’s release on bail within 48 hours of his arrest.