R. v. W.J. [Provincial Court, Calgary, October 2015]

W.J. was arrested in the security line at the Calgary Airport with a loaded handgun in his carry-on bag. He admitted to a border services agent that the gun was his. He was charged under both the Criminal Code and the Aeronautics Act. W.J. was a resident of Texas and was in Canada for a few days on business. The Crown asked the Judge to deny W.J. bail because there was no guarantee that he would return to Canada to deal with the charges if he was allowed to return to the USA. The Crown also emphasized how serious the offence was and the terrible consequences that could have ensued from a loaded gun on a plane. Ms. Fagan provided the Judge with a comprehensive plan of release along with letters of support and argued that the Crown’s case against her client was weak. The Judge agreed with Ms. Fagan that W.J. was releasable, released him on bail and allowed him to return to the USA.

Patrick Fagan

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