R. v. S.K. [Alberta Provincial Court, Lethbridge, December 2017]

The police alleged that S.K. was crossing the border from the USA to Canada in a transport truck containing drugs. S.K. told Canada Border Service Agents (CBSA) that he was transporting fruit from California to Costco in Alberta. CBSA searched the truck and located 17 kilograms (over 37 pounds) of what they believed to be cocaine. S.K. was arrested and charged with importation of cocaine and possession of cocaine, both of which carry up to a life sentence. S.K. retained …

R. v. P.J. [Court of Queen’s Bench of Alberta, Calgary, December 2017]

P.J. was charged in Chestemere with a number of charges relating to the alleged discharge of a firearm at a house party. Witnesses claimed that P.J. had been showing off a handgun and then had left the house following an altercation. Witnesses then claimed that P.J. then returned and discharged his firearm at a group outside the house multiple times. Bullets were found lodged in vehicles and homes in the residential neighborhood. P.J. was apprehended by police and charged with …

R. v. M.J. [Court of Queen’s Bench of Alberta, Calgary, December 2017]

The police initiated an investigation as a result of information received by the police from a confidential source that M.J. was dealing cocaine. After several weeks of surveillance the police believed they had observed multiple drug transactions involving two people, M.J. and a second person, O.M.. Police ultimately executed search warrants at the residence of both M.J. and O.M.. In the residence thought to be M.J.’s the police found two handguns with ammunition and a significant amount of cocaine (crack …

R. v. A.I. [Alberta Provincial Court, Calgary, November 2017]

I.A. was under police surveillance after they received confidential source information that he was selling fentanyl and cocaine. Police observed I.A. engage in what they believed to be two “hand-to-hand” drug transactions and then followed him as he drove away from the scene. Police observed I.A. speeding down Deerfoot trail and periodically opening his car door to vomit. The police conducted a traffic stop of the vehicle and ultimately formed the grounds to arrest I.A. and search the vehicle. In …

R. v. A.J. [Alberta Provincial Court, Calgary, October 2017]

Police received information that A.J. was trafficking in cocaine. On the basis of that information they began investigating A.J. and conducting extensive surveillance on him. They were able to identify his residence using police records, and observed the individual they believed to be A.J. entering and exiting the house on several occasions. They also observed him in meets of short duration including several “hand to hand transactions”. The police ultimately sought a search warrant for the residence. When the police …

R. v. S.A. [Alberta Court of Queen’s Bench, Calgary, September 2017]

911 dispatchers received a call from a woman screaming that her son and husband had been stabbed to death. Police, EMS and Calgary Fire arrived to confront a nightmarish scene. Three men were found with multiple stab wounds in the basement of a residential home, one partially disembowelled. Two of the men were deceased, one (the accused) was alive but suffered significant injuries. Witnesses told the police that the accused was the aggressor and he was arrested and charged with …

R. v. A.S. [Alberta Provincial Court, Calgary, September 2017]

A.S. faced a multitude of charges and was out on bail on several matters. In June, 2017 he was arrested following a lengthy undercover investigation. Police alleged that A.S. had sold cocaine to a police officer on 6 different occasions. The police obtained a search warrant and seized a loaded firearm, 91 grams of cocaine and 58 fentanyl tabs from a residence associated to A.S. When A.S. was arrested he was allegedly holding a bag containing 65.4 grams of crack …

R. v. B.K. [Provincial Court, Calgary, July 2017]

The police were undergoing a murder investigation when they discovered a group of young men that they believed to be trafficking cocaine in the City of Calgary at the kilogram level. The organization was believed to be operating at a sophisticated level and the police conducted surveillance and extensive wiretaps to build a case against B.K. and three other young men. Ultimately the police executed more than a dozen warrants at multiple residences and of multiple vehicles discovering a significant …

R. v. G.S. [Provincial Court, Cochrane, July 2017]

The truck driven by G.S. was seen swerving on the highway outside of Cochrane. The police stopped the vehicle and G.S. admitted to drinking. He was asked to provide a roadside sample of his breath. The in-car video system captured G.S. slurring his words, swearing and making several unsuccessful attempts to provide a breath sample. G.S. was charged with impaired driving, refusing to provide a breath sample and two traffic tickets for having an uninsured vehicle and no registration. Ms. …

R. v. W.D. [Provincial Court, Calgary, June 2017]

W.D. was charged in a complex fraud investigation involving two complainants where the total losses alleged were approximately half a million dollars. W.D. had (unwisely) given a full confession to the police. Prior to trial the Crown took a firm position that it would ask for a lengthy federal penitentiary sentence (in the range of 3-4 years) whether the charges were resolved prior to trial or whether W.D. was convicted following trial. Ms. Fagan scheduled the matter for a 5 …

R. v. D.J. [Provincial Court, Calgary, June 2017]

D.J. was observed by police slowing down to 10 km/hr in a vehicle traveling on a major road in Calgary. She was pulled over and she told the police that she had been drinking wine at a friend’s house. She failed the roadside breath test and was arrested. She later gave two samples of her breath that were analyzed at double the legal limit. Ms. Fagan filed a Charter notice alleging that the police breached her client’s right to counsel …

R. v. M.F. [Provincial Court, Calgary, June 2017]

The police observed M.F. driving with heavy damage to the driver side of his vehicle and was stopped. The police smelled marijuana and could see a plastic sandwich bag in the center console with marijuana “shake” visible from within in. M.F. was arrested for possession of marijuana and searched.  While he was being searched a bag of cocaine was found in his pocket and a second bag fell to the sidewalk. He was charged with simple of possession of marijuana …

R. v. M.A. [Provincial Court, Airdrie, April 2017]

M.A. was charged with impaired driving and operating a motor vehicle with a blood alcohol level in excess of the legal limit. The breath test revealed that M.A. had a blood alcohol level of 2.5 times the legal limit. The earliest date that the Court could hear M.A.’s trial was just shy of a year after she was charged. As M.A. was subject to an Alberta Administrative Driver’s License Suspension while awaiting trial this was an excessive delay and was …

R. v. L.G. [Alberta Court of Appeal, Calgary, April 2017]

L.G. retained Ms. Fagan to defend a Crown appeal from sentence. L.G. had been previously represented by other counsel (not Ms. Fagan). He had entered a guilty plea to section 5(2) of the Controlled Drugs and Substances Act – possession of marijuana for the purpose of trafficking and received a conditional sentence order (i.e. a period of house arrest with no jail time). The police had conducted an investigation which culminated in the seizure of more than 4.5 kilograms of …

R. v. B.S. [Provincial Court, Fort McLeod, March 2017]

B.S. was charged with impaired driving and refusal to provide a breath sample. A concerned motorist contacted the police to report that a transport truck was all over the road and had nearly caused several accidents. She believed the driver to be impaired. The police conducted a traffic stop, made inquiries and arrested B.S. for impaired driving. He was brought back to the police detachment to give breath samples. B.S.’s first language was not English and he insisted on having …

R. v. P.J. [Provincial Court, Regina Saskatchewan, March 2017]

P.J. was charged on three separate files. First, he was charged with two counts of breaching his bail conditions (curfew and no alcohol) when he was allegedly found passed out in the driver’s seat of his vehicle late at night at a gas station. Second, he was charged with dangerous driving, evading police and breaching his bail condition to keep the peace and be of good behaviour. A high speed chase through the streets of Regina involving several police officers …

R. v. R.K. [Provincial Court, Cochrane, February 2017]

R.K. was pulled over on a highway just outside of Cochrane after police saw her vehicle swerving just after 3:00am. Police smelled alcohol on R.K.’s breath and arrested her for impaired driving. She was taken to the police detachment where she provided samples of her breath that were almost triple the legal limit. Ms. Fagan filed a Charter notice arguing that R.K.’s right to full disclosure and her right to make full answer and defence were violated. She further argued …

R. v. R.J. [Provincial Court, Medicine Hat, February 2017]

R.J. was pulled over outside of Brooks for a minor traffic infraction. During the course of their interaction with R.J. they discovered that he had a drug related criminal record and that he had recently been arrested for possession of proceeds of crime (approximately $75,000.00 cash was found in a bag in his vehicle a few months prior). A condition of his bail when he was released on that charge was he not leave the Province of Saskatchewan. The police …

R. v. A.T. [Provincial Court, Calgary January 2017]

A.T. retained Ms. Fagan to defend ten serious criminal charges stemming from the police search of a vehicle that A.T. had been driving. In the center console of the vehicle the police located a handgun, methamphetamine, cocaine, crack cocaine, marijuana and a significant amount of cash. A.T. with the following offences, including: Section 5(2) of the Controlled Drugs and Substances Act – Possession of cocaine for the purposes of trafficking Section 5(2) of the Controlled Drugs and Substances Act – …