R. v. MAK, [ABPC, Calgary – March 2021]

The police observed a vehicle being driven by MAK in a suspicious manner so they activated their emergency lights and endeavored to stop MAK’s vehicle. Well… MAK apparently had other ideas and led the police on a chase that ultimately involved the Calgary Police Service HAWCS helicopter.

MAK and his passenger were observed by HAWCS personnel running from the vehicle. MAK and his passenger were apprehended shortly thereafter by the police. Police search of the vehicle and surrounding area revealed the presence of a relatively large quantity of cocaine and a lesser quantity of fentanyl; the police also seized a quantity of cash consistent with (in the opinion of the police) drug trafficking. Consequently, MAK was charged with the following offences:

  1. Possession of crack/cocaine for the purpose of trafficking.
  2. Possession of fentanyl for the purpose of trafficking.
  3. Possession of proceeds of crime.
  4. Dangerous driving.
  5. Evading the police.

As the Crown was seeking a period of imprisonment in the range of 5-7 years, MAK retained Patrick Fagan to defend this most serious prosecution. After obtaining, reviewing, and analyzing full disclosure, Patrick Fagan entered an election of trial by way of Provincial Court Judge and scheduled the matter for trial.

During the early stages of these proceedings (i.e.: well in advance of trial), Patrick Fagan managed to have both possession for the purpose of trafficking charges reduced to “simple” possession. Patrick Fagan did so without giving anything away or otherwise admitting guilt in relation to any charge. In other words, the matter still remained scheduled for trial but in relation to lesser charges.

BOTTOM LINE: Patrick Fagan was successful in having ALL criminal charges completely withdrawn. The matter was ultimately dealt with by way of a conviction for a traffic violation… operating a motor vehicle without due care and attention contrary to s. 115(2)(b) of the Traffic Safety Act.