R. v. Z.R. [Provincial Court of Alberta, Lethbridge, December 2018]
Z.R. was out at a local drinking establishment one night when he and his friends allegedly exchanged words with a group of intoxicated women. Z.R. and his friends left the bar in a vehicle. They were followed by the complainant and her friends in a second vehicle. After being followed for several blocks all parties exited their vehicles at a stop light and further words were exchanged. Ultimately, one of the females ended up needing significant dental work after an alleged punch to her mouth knocked out her teeth. Z.R. was arrested and charged with aggravated assault contrary to s. 268 of the Criminal Code. Prior to scheduling the matter for trial Ms. Fagan spoke with the Crown Prosecutor and discussed what she believed was a non-existent (or best case, low) likelihood of conviction. The Crown agreed.
BOTTOM LINE: The most serious charge of aggravated assault was completely withdrawn without Z.R. having to step foot in a courtroom.
Patrick C. Fagan is a highly accomplished lawyer with an impressive career spanning over 35 years in the legal field.