R. v. HAN [Provincial Court of Alberta, Calgary – November 2021]

SUMMARY: HAN was stopped by the Calgary Police Service (“CPS”) as a consequence of rolling through a stop sign. During the course of that stop the police made certain observations that led to the seizure of a quantity of fentanyl and crack cocaine. When the police endeavoured arrest HAN he allegedly struck the officer and endeavoured to run – he didn’t get far. The police charged HAN with possession of fentanyl for the purpose of trafficking, possession of crack cocaine for the purpose of trafficking and possession of proceeds of crime.

Bottom Line: As the Crown was seeking a lengthy jail term if convictions were entered, HAN retained Patrick Fagan to defend this prosecution. Patrick Fagan entered pleas of not guilty and scheduled the matter for trial in Calgary Provincial Court.

Just prior to commencement of trial proceedings the Crown conceded the strength of Patrick Fagan’s constitutional arguments vis a vis the true reason for the stop of HAN and the ultimate arrest, search and seizures. ALL charges (including a charge of assault with intent to resist) were completely WITHDRAWN.