R. v. A.I. [Court of Queen’s Bench & Provincial Court, Calgary, March 2016 and October 2016]

Police had been conducting an undercover surveillance operation for several weeks in relation to allegations of trafficking in fentanyl. Over the course of the investigation police observed A.I. engage in activity that they characterized as consistent with drug trafficking. In the course of their surveillance A.I. was apparently seen vomiting at the side of the of a busy road. The police seized on the opportunity to arrest A.I. for impaired driving and searched his vehicle. They conducted a search of the vehicle and discovered what they alleged was 606 fentanyl pills, 190ml of methadone, a scale, cash and three cell phones. A.I. was charged with possession of fentanyl for the purpose of trafficking (among other things). A search warrant for the residence believed to be associated to A.I. was searched and multiple sets of body armor, along with additional fentanyl pills were found. A.I. was detained in Provincial Court (note: he was not represented by Ms. Fagan at this stage). Ms. Fagan brought an application for review in Queen’s Bench and ultimately secured A.I.’s release on bail. Several months later the police conducted another search of A.I.’s residence in response to a complaint that he was keeping drugs in the home. The police allegedly found fentanyl and A.I. was arrested once again. Despite the odds, Ms. Fagan was able to secure A.I.’s release in Provincial Court.