R. v. B.T. [Provincial Court, Calgary, August 2014]

B.T. was charged with a number of serious charges related to the possession of a stolen, loaded handgun. If found guilty at trial T.B. was facing what was then the mandatory minimum punishment of 3 years federal incarceration. B.T. was involved in a domestic disturbance with his girlfriend who contacted the police. B.T. left the scene and witnesses saw him remove a bag from his vehicle and put it in the bushes. When the police attended they located the bag which they found to contain the handgun. Ms. Fagan exposed the weaknesses in the Crown’s ability to prove that B.T. actually possessed the handgun and all charges against B.T. were withdrawn prior to trial.