R v. DUG: [Court of Justice, Calgary – August, 2026]

SUMMARY: DUG was stopped by two uniformed members of the CPS in the alley behind his residence in N.E. Calgary. Why? According to the police,  his license plate light wasn’t working. Well, one thing led to another and a search of the vehicle revealed the presence of a handgun in the trunk; DUG was charged accordingly.  

Patrick Fagan attacked the case for the prosecution by challenging the constitutionality of the legislation pursuant to which the police purported to draw their lawful authority for the arrest, search and seizure. Specifically,  Patrick Fagan challenged the constitutionality of Section 107 of the Gaming,  Liquor and Cannabis Act, R.S.A. 2000 c .G-1. This challenge brought into the fight not just the assigned Crown Prosecutor but the Attorney General of  Alberta and the Solicitor General of Canada.  

Bottom Line: Just prior to commencement of trial proceedings, the Crown elected to resolve this case by way of the complete withdrawal of all charges.