17. Regina v. C.D.B. [Provincial Court of Alberta, Calgary –May 2014]

Charged with impaired driving and refusing to provide samples of breath into the intoxilyzer. CDB observed the police manhandling a suspect outside a bar and cautions the police about their behaviour – he also takes a video of the event with his iPhone. Approximately 10 minutes later CDB is pulled over by the same peace officers and arrested for impaired driving. He is taken to the police station where he refuses to provide a sample of his breath into the intoxilyzer. As CDB is being released through the back door of the station the police (according to CDB) grabbed his cellphone and delete the video of the earlier event. Patrick Fagan entered pleas of not guilty to both charges. Bottom Line: Patrick Fagan used the questionable conduct of the police as Charter leverage to secure a complete withdrawal of all charges.