R. v. H.B. [Provincial Court, Calgary, August 2015]

R. v. H.B. [Provincial Court, Calgary, August 2015] – H.B. was charged with refusing to provide a breath sample, resisting arrest and breaching his bail conditions. At the time of his arrest, H.B. was out on bail for an alleged domestic assault and which included the condition that he was not to consume alcohol. The police pulled over a vehicle driven by H.B. and believed him to be impaired. He was given several opportunities to provide a sample of his breath and did not do so. The police tried to place him under arrest and alleged that he resisted by pulling away. Over the course of two days of trial Ms. Fagan cross-examined several police witnesses at length endeavoring to undermine their testimony and raise a reasonable doubt. She was ultimately successful in this regard and verdicts of not guilty were rendered on the refusal charge and the obstruction charge. In the course of the trial H.B. admitted to consuming alcohol contrary to his bail conditions and he was found guilty of breaching his “no alcohol” condition. Ms. Fagan continued to fight for her client and argued that no criminal record should be entered. The trial judge was convinced and granted a conditional discharge with respect to the breach charge (ie. H.B. walked away from this trial with no criminal record of any kind).