1. Regina v. M.M.A. [Court of Queen’s Bench of Alberta, Calgary – January 2017]

During a 5 month investigation the police engaged in multiple covert entries of residential premises under the authority of a Criminal Code General Warrant.  While conducting those covert entries the police acquired evidence germane to multiple kilograms of cocaine and large sums of cash. To maintain the secrecy of the ongoing investigation the police would simply weigh and photograph the drugs/cash as evidence of an ongoing multi-kilogram operation.  Towards the end of the investigation they seized in excess of $300,000.00 …

2. Regina v. P.P.D. [Court of Queen’s Bench of Alberta, Calgary – January 2017]

This is another one of those classic PIPELINE cases where the police conducted a drug investigation under the pretext of a highway traffic stop.  In this case a uniformed member of the RCMP (well versed in Pipeline investigative techniques) followed PPD on highway #1 near Lake Louise.  After following the vehicle for several kilometers (and observing a normal driving pattern) the policeman attempted to pass PPD on an extremely icy roadway.  As the police approached PPD’s “blind spot” PPD moved …

3. Regina v. H.S.K. [Court of Queen’s Bench of Alberta, Calgary – January 2017]

The police received a Crime Stoppers Tip that if they called a cellular number they could purchase heroin.  The police followed up on this tip and ultimately arranged for an undercover officer to meet with a heroin trafficker.  The meet took place during which the undercover officer purchased a quantity of heroin.  Shortly thereafter the police stopped a vehicle driven by HSK, placed him under arrest for trafficking in heroin, searched his person and the vehicle.  As a consequence of …

4. Regina v. A.B.A. [Provincial Court of Alberta, Calgary – February 2017]

ABA & spouse were charged with possession of cannabis marijuana in an amount exceeding 3 kilograms for the purpose of trafficking contrary to section 5(2) of the Controlled Drugs and Substances Act. The police initially entered their home without a warrant as a consequence of a 911 call placed by a concerned neighbour.  The concerns of the neighbour were legitimate because ABA & spouse had just been the victims of an armed home invasion. During the course of the police …

5. Regina v. A.D.G. [Court of Queen’s Bench of Alberta, Calgary – March 2017]

During the course of an undercover operation the police made multiple purchases of cocaine from two persons. The police were told by those two persons that ADG was their supplier of cocaine. The police obtained a warrant to search ADG’s residence (which was also the home of one of the street level traffickers) to search for cocaine. The police located a locked safe in ADG’s bedroom which contained a relatively large quantity of cocaine packaged in various amounts ranging from …

6. Regina v. A.S.S. [Provincial Court of Alberta, Calgary – March 2017]

As a consequence of a police undercover operation ASS was charged with 34 separate criminal offences including possession of cocaine for the purpose of trafficking, possession of marijuana for the purpose of trafficking, possession of proceeds of crime (cash exceeding $20,000.00), weapons offences, other drug offences and multiple breach charges. BOTTOM LINE: Patrick Fagan was successful in resolving this prosecution by way of the entry of a guilty plea to simple possession of a controlled substance and a breach charge.

7. Regina v. L.H.M. [Court of Queen’s Bench of Alberta, Calgary – April 2017]

An RCMP investigation resulted in a warrant to search LHM’s rural home.  That search revealed the presence of a marijuana grow operation, multiple kilograms of dry packaged cannabis marijuana, approximately $8,000.00 cash, multiple firearms and silver bullion worth in excess of $10,000.00.  As a consequence of the seizures LHM was charged with the following offences: Production (cultivation) of cannabis marijuana contrary to section 7(1) of the Controlled Drugs and Substances Act. Possession of cannabis marijuana in an amount exceeding 3 …

8. Regina v. S.A.A. [Provincial Court of Alberta, Calgary – March 2017]

Police received a report of “screaming and shouting” from SAA’s apartment so they attended to check on the welfare of the occupants. Upon arriving at the apartment the police were greeted by SAA who told them there was nothing untoward happening on the premises and he refused to allow them entry. The police forced their way into the premises and conducted a search of same without a warrant; the police seized a quantity of cannabis marijuana, cocaine, weapons and approximately …

9. Regina v. A.S.S. [Court of Queen’s Bench of Alberta, Calgary – May 2017]

ASS was the target of an undercover street operation.  During the course of that undercover operation ASS repeatedly sold street level quantities of crack cocaine to multiple undercover officers. Identification was not a viable issue as the police took the time to photograph and (on at least one occasion) film the drug transactions. To make matters worse, on the day of ASS’s arrest the police obtained a warrant to search his home where they found him, a larger quantity of …

10. Regina v. G.K.H. [Provincial Court of Alberta, Calgary – June 2017]

GKH was the target of a police undercover operation during which he was alleged to have sold 4 bags of cocaine to an undercover peace officer.  On the date of his arrest (one week after the undercover transaction) GKH was found in possession of five additional baggies of cocaine.  Consequently, GKH was charged with the following offences: Trafficking in cocaine contrary to section 5(1) of the Controlled Drugs and Substances Act. Possession of cocaine for the purpose of trafficking contrary …

11. Regina v. M.N.N. [Provincial Court of Alberta, Calgary – June 2017]

MNN was the target of an undercover police street operation.  During the course of that undercover operation MNN repeatedly sold street level quantities of crack cocaine to multiple undercover officers. As a consequence MNN was ultimately arrested and charged with the following: Four separate counts of trafficking in cocaine contrary to section 5(1) of the Controlled Drugs and Substances Act. Four separate counts of possessing proceeds of crime contrary to section 354 of the Criminal Code. Patrick Fagan was able …

12. Regina v. N.M.T. [Court of Queen’s Bench for Saskatchewan, Swift Current – June 2017]

This is another Royal Canadian Mounted Police (R.C.M.P.) PIPELINE case resulting in the seizure of a relatively large quantity of cocaine and marijuana. N.M.T. was the driver and sole occupant of a west-bound vehicle on Highway #1 near Swift Current, Saskatchewan. The R.C.M.P. happened to be running radar at that time and N.M.T.’s vehicle registered 143km/hr in the 110km zone. The R.C.M.P. stopped N.M.T. for speeding and thereafter engaged in a Pipeline drug investigation. The Mountie, well trained and with …

13. Regina v. N.M.T. [Court of Queen’s Bench for Saskatchewan, Swift Current – June 2017]

The facts in this case are pretty much the same as those in Case #12 above. As a consequence of the nature and amount of drugs seized by the R.C.M.P. the Crown embarked upon two separate drug prosecutions – one for the cocaine in Queen ’s Bench (Case # 12) and the other for marijuana in the Provincial Court for Saskatchewan. BOTTOM LINE: As a consequence of Patrick Fagan ’s successful Charter applications during the course of the Queen’s Bench …

14. Regina v. C.J. [Provincial Court of Alberta, Calgary – July 2017]

The police identified a stolen truck located in the driveway of a residence. During the course of police surveillance they observed C.J. leave the residence and walk towards the stolen truck; when C.J. started to enter the truck she/he was arrested by the police. A search of C.J. incidental to arrest resulted in the seizure of keys to the stolen truck and a variety of illegal drugs. The police took C.J. into custody and charged her/him with the following offences: …

15. Regina v. R.M.B. [Provincial Court of Alberta – August 2017]

R.M.B. was the driver and lone occupant of a motor vehicle which was pulled over as a consequence of a seat belt infraction. During the course of the stop the police claimed to have detected the scent of fresh cannabis marijuana and they inquired of R.M.B. as to whether he/she had “pot” in the vehicle. R.M.B. properly (and unwisely) responded in the affirmative – “not too much”. R.M.B. was placed under arrest for unlawful possession of a controlled substance and …

16. Regina v. R.M.M. [Provincial Court of Alberta– September 2017]

R.M.M. was charged with possessing proceeds of crime contrary to Section 354 of the Criminal Code. As the Crown was seeking a period of imprisonment in the range of 18 months to 2 years R.M.M. retained Patrick Fagan to defend this prosecution. Bottom Line: On the day before trial the Crown conceded the strength of Patrick Fagan’s challenges to the constitutionality of the investigation and the entire case was successfully terminated by way of the entry of a stay of …

17. Regina v. J.I.J. [Provincial Court of Alberta– September 2017]

J.I.J. was a passenger in a vehicle which was pulled over by the police due to “tinted” windows. As the police approached the vehicle they detected the overwhelming scent of fresh marijuana. Consequently, the police arrested all 3 occupants of the vehicle (including J.I.J.) for possession of a controlled substance and thereafter conducted a search of the vehicle incidental to those arrests. The search resulted in the seizure of a relatively substantial quantity of cannabis marijuana, cannabis resin and cash. …

18. Regina v. R.A.A. [Provincial Court of Alberta, Calgary – October 2017]

On a return trip to Calgary from the Middle East, R.A.A. was flagged by airport border officials as a potential drug trafficker. During the course of a secondary search of R.A.A. and his luggage, border officials performed a field drug test on a multitude of containers that tested positive for “cocaine”. The border officials seized the containers, arrested R.A.A. and charged him with various offences including: Importation of cocaine contrary to Section 6(1) of the Controlled Drugs and Substances Act. …

19. Regina v. A.A.A. [Court of Queen’s Bench of Alberta, Calgary – October 2017]

A.A.A. was a highly educated person about to embark upon a promising professional career. According to the police, A.A.A. was also a drug trafficker. Specifically, according to the police, A.A.A. met with an undercover Peace Office and sold that officer 2 bags of cocaine. A.A.A. was later identified by the police and, when arrested, the police found an additional quantity of cocaine on his person. As a consequence of the foregoing, A.A.A. was charged with a number of offences including: …

20. Regina v. W.W.S. [Court of Queen’s Bench of Alberta, Red Deer and Calgary – November 2017]

In September 2013 the RCMP Federal Policing South Team entered into an investigation of the alleged drug dealing and money laundering activities of W.S.S.. Following several months of surveillance by a multitude of officers, the police obtained a Warrant to Search the residence of W.S.S.; that search resulted in the seizure of a relatively large quantity of cannabis marihuana and a large amount of cash. At the same time, the police seized large sums of money and other financial assets …