Regina v. S.H. [Calgary Provincial Court, March 2013]

S.H. was subject to two bail orders – one a drug matter and the other a sexual assault. The allegations were that S.H. was found in a bar, past his curfew, in the company of people with whom he had a no contact order. A total of 6 charges of breach of condition were laid. S.H. was approached by Calgary City Police (Gang Suppression Team) and using the provisions of the “Liquor and Gaming Act” the police asked S.H. to identify himself which led to the alleged breaches being discovered. At trial Ms. Fagan successfully argued that the police were using the “Liquor and Gaming Act” improperly to target individuals they believed to be involved in criminal activity rather than for regulatory purposes. Ultimately, the Crown conceded the inevitable and stay of proceedings prior to the Court rendering a judgment.