R. v. W.D. [Provincial Court, Calgary, June 2017]

W.D. was charged in a complex fraud investigation involving two complainants where the total losses alleged were approximately half a million dollars. W.D. had (unwisely) given a full confession to the police. Prior to trial the Crown took a firm position that it would ask for a lengthy federal penitentiary sentence (in the range of 3-4 years) whether the charges were resolved prior to trial or whether W.D. was convicted following trial. Ms. Fagan scheduled the matter for a 5 day trial. Following pre-trial applications the Crown very generously offered D.W. a conditional sentence order (i.e. house arrest, no jail) if he agreed to plead guilty. Ms. Fagan presented the resolution option to her D.W. along with a second option that they “go for broke” and argue that the Crown had failed to meet their disclosure obligations and therefore violated his section 7 Charter right to make full answer and defence. W.D. chose the second option.

BOTTOM LINE: The matter ultimately proceeded to the scheduled six day trial and Ms. Fagan was successful in securing a stay of proceeding on all charges (i.e. charges were withdrawn, W.D. incurred no criminal record).