R. v. M.N. [Provincial Court of Alberta, Calgary, August 2018]

M.N.’s matters had a complicated history. In 2014 he had been convicted under the Securities Act of fraudulently obtaining funds from various people for an investment he was promoting (which as it turns out, did not exist). He entered guilty pleas under the Securities Act and spent 2 years in jail and 3 years on probation (note: Ms. Fagan was not counsel at this time). While he was in custody the police discovered other alleged victims of M.N.’s scheme and further alleged that while in prison he was actively soliciting new investors to give him money. According to the police, there were 9 new victims/ complainants who had been allegedly defrauded of approximately $250,000. In 2015 M.N. was released on conditions that, among other things, he refrain from possessing any bank or credit cards in anyone else’s name. In 2018 he was charged with multiple breaches of this condition. He retained Ms. Fagan to (among other things) assist with bail. Ms. Fagan scheduled the matter for bail, which was hotly opposed by the Crown.

BOTTOM LINE: Mid-way through Ms. Fagan’s submissions at the bail hearing the Crown consented to M.N.’s release.