R. v. S.P. [Court of Queen’s Bench of Alberta & Provincial Court of Alberta, Calgary, January 2018]
The police received information from a confidential informant that S.P. was transporting large amounts of high quality marijuana from British Columbia to Alberta and Saskatchewan. Police investigated the tip by locating S.P. and putting a tracking device on a rental vehicle she had been known to use. Police also conducted a “garbage pull” where they found evidence of marijuana in her discarded trash. Weeks into the investigation police tracked S.P.’s rental vehicle from Calgary to interior BC. After a brief stay the vehicle was en route back east towards Calgary. Police followed the vehicle and eventually located it in a Costco parking lot. She was observed meeting with an unknown male and transferring large garbage bags from her vehicle to his. The police mobilized and arrested both S.P. and the man. They police located approximately half a million dollars’ worth of marijuana and some cash. S.P. faced charges of possession of marijuana for the purpose of trafficking; trafficking in marijuana and possession of proceeds of crime. Ms. Sanders initially retained Patrick Fagan Q.C. for the purpose of conducting the preliminary inquiry and then eventually retained Ms. Fagan for trial. The Crown’s pre-trial resolution offer upon a guilty plea was 2 years federal incarceration. Over the course of nearly four years Ms. Fagan fought to keep S.P. out of jail despite the fact that the allegations in question, if proven true, would call for a lengthy jail sentence.
BOTTOM LINE: Ms. Fagan was successful in keeping S.P. out of jail in exchange for a $5000.00 fine and a term of probation.
Patrick C. Fagan is a highly accomplished lawyer with an impressive career spanning over 35 years in the legal field.