R. v. Y.Z. [Provincial Court, Calgary, December 2014]

Y.Z. retained Ms. Fagan to defend him on two separate matters. The first set of allegations were that Y.Z. was driving while impaired. Police observed Y.Z. driving erratically in a northwest neighborhood and pulled him over. Y.Z. admitted to drinking alcohol, had open alcohol in the vehicle and blew well over the legal blood alcohol limit. At trial Ms. Fagan successfully argued that Y.Z.’s right to a lawyer had been violated and verdicts of “not guilty” were entered. While awaiting his trial on the impaired driving matter Y.Z. was on conditions to “keep the peace and be of good behaviour” and to “abstain from alcohol”. Police responded to a complaint of a naked man in backyard breaking things. When they attended at the home in question Y.Z. was allegedly found naked in a room with a shotgun and a rifle. He was charged with breaching his bail conditions and four charges relating to the firearm. Ms. Fagan avoided a conviction on the weapons charges and secured a conditional discharge (i.e. no criminal record) on the breach charge. The bottom line is that no convictions were registered against Y.Z..