R v. SUK: [Court of Justice, Calgary – March 2026]

SUMMARY: SUK was the front passenger of a vehicle that was stopped by two uniformed members of the Calgary Police Service (“CPS”) for tinted windows. During the course of the stop the police engaged in a heated verbal exchange with SUK regarding their authority to detain him. Much to SUK’s chagrin, he was arrested and a search of his person revealed the presence of a loaded handgun. Needless to say, SUK was charged with not just 5 offences in relation to the loaded handgun but possession of cocaine and obstruction.

Patrick Fagan entered pleas of not guilty to all charges and scheduled the matter for trial. At trial, there was obviously no question that SUK was packing (ie.: in possession of the handgun) so the issue determinative of winning or losing became that of the constitutionality of the search of SUK’s person. 

Bottom Line: The trial Justice held that the police violated SUK’s Charter rights, including his right to be secure against unreasonable search or seizure as guaranteed by Section 8 of the Charter and excluded the seized handgun from evidence at trial.  

The Crown was left with no evidentiary leg on which to stand and the entire prosecution was successfully terminated by way of a Stay of Proceedings.