Sean Fagan is a graduate of the University of Saskatchewan, Faculty of Law. Sean Fagan distinguished himself as an aspiring criminal defence lawyer by (1) winning the Faculty of Law trial advocacy competition, (2) by taking the gold medal in Vancouver, BC at the MacIntyre Cup (Western Canadian Trial Advocacy Competition) and (3) by winning a bronze medal at the Sopinka Cup (National Trial Advocacy Competition) in Ottawa, Ontario.

Sean Fagan successfully completed his articles under the guidance of Patrick Fagan, Q.C. and joined the firm in 2012. Sean Fagan has assisted Patrick Fagan in defending a number of high profile cases in various courts across Canada including:

The Provincial Court of Alberta


The Provincial Court of British Columbia


The Supreme Court of British Columbia


The Supreme Court of Newfoundland

  • Regina v. X.X.X. [Supreme Court of Newfoundland and Labrador, St. Johns NFLD – May 2012]

The Court of Queen’s Bench of Alberta


The Provincial Court of Saskatchewan


The Court of Queen’s Bench of Saskatchewan

  • Regina v. P.S. [Court of Queen’s Bench of Saskatchewan – January 2014]

Notable Cases

Regina v. H.K. [Provincial Court of Alberta, Calgary – October 2016]

H.K. was on bail for multiple charges relating to two separate prosecutions for trafficking in heroin, cocaine, and fentanyl. One of the conditions of H.K’s release was that he abide by a curfew. Calgary Police Service conducted a curfew check on H.K’s residence and determined that he was in violation of two conditions of his release.  The Calgary Police subsequently arrested H.K.

Because H.K. had purportedly breached his bail conditions before, and was facing two very serious drug prosecutions, the Crown was vehemently opposed to his release, which made securing H.K’s release particularly difficult. Sean Fagan secured H.K’s release on reasonable terms the same day.


Regina v. J.S. [Provincial Court of Alberta, Lethbridge– October 2016]

J.S. faced charges of impaired driving and refusing to provide a breath sample without a reasonable excuse. The police observed J.S driving in a manner that led the police to believe J.S. was impaired.  The police arrested J.S. and demanded that he provide a sample of his breath.  Upon the advice of his lawyer at the time, J.S declined to provide a sample of his breath.  Unfortunately, the state of the law at the time was such that even though J. S’s lawyer advised him not to provide a sample, this was not a reasonable excuse.  Sean Fagan scheduled the matter for trial, filed a Charter notice alleging breaches of J.S.’s right not to be arbitrarily detained and his right to be free from unreasonable search and seizure. On the day of trial, the Crown conceded the strength of Sean Fagan’s position and withdrew all charges against J.S.


Regina v. A.Z. [Provincial Court of Alberta, Calgary– October 2016]

A.Z. and his son faced a charge of assault causing bodily harm.  A.Z., an elderly African gentleman, and his son were driving downtown Calgary when they got into an argument with an individual riding his skateboard through a crosswalk. The skateboarder claimed that A.Z. and his son got out of their vehicle and attacked him.  Repeatedly punching him in the head causing a broken orbital bone.

Through investigation, Sean Fagan discovered that the complainant had a history of violence and racist tendencies. At trial, through cross-examination of the complainant, his anger and volatile nature was exposed.  The complainant couldn’t control his anger in the Courtroom, which discredited his version of events. The Crown wisely entered a stay of proceedings, effectively killing the prosecution against A.Z. and his son. The positive outcome in this matter was particularly important given that A.Z. would have lost his job position, which he had held for the past 30 years.


Regina v. R.S. [Provincial Court of Alberta, Cochrane– October 2016]

R.S. faced a multitude of charges involving theft from his employer; serious charges that if convicted, typically result in a period of incarceration for first-time offenders. R.S. was alleged to have accumulated parts and tools from his employer over the course of his employment.  Moreover, R.S. was purported to have collected money personally that was owed to his employer. Sean Fagan successfully resolved this matter by the complete withdrawal of all charges.


Regina v. D.T. [Provincial Court of Alberta– October 2016]

D.T. was charged with sexual assault on his 4-year-old daughter, an offence that if convicted, carries a minimum punishment of 1-year imprisonment. D.T vehemently denied all of the allegations.

As it turned out, D.T. and his wife were in the midst of separation proceedings and still living in the same house. It was Sean Fagan’s belief that D.T.’s wife wanted D.T. out of the house because the separation proceedings were taking too long, so she fabricated the accusations against D.T.  The complaint was unsubstantiated by any evidence. After discussion with the Crown, they withdrew all charges.


Regina v. K.F. [Provincial Court of Alberta, Calgary – October 2016]

K.F. was charged with one count of assault.  K.F. was a patron at a drinking establishment located on the “Red Mile” in Calgary. K.F was purported to be intoxicated and to have sucker punched the bouncer working security. The Police happened to be nearby and observed the aftermath of the purported assault.  The Police chased K.F. and subsequently arrested him.  The entire incident was caught on security camera. K.F did not have a criminal record making a positive outcome very important to him.  Sean Fagan was successful at resolving this matter through the complete withdrawal of all charges against K.F.


Regina v. P.U. [Provincial Court of Alberta, Cochrane – September 2016]

P.U. was charged with two counts of possession of a controlled substance and two weapons-related charges.  P.U. was the passenger in a vehicle that was stopped at an Alberta Check-stop. The police officers purportedly smelled fresh marijuana from the vehicle and completed a search of the driver, P.U., and the vehicle.  The police discovered marijuana, marijuana resin, and two weapons. P.U. did what many young men do, and “took the heat” for the contraband that was discovered, in hopes that the driver (his girlfriend) would not be charged. Prior to trial, Sean Fagan filed a Charter notice alleging breaches of P.U.’s right not to be arbitrarily detained and his right to be free from unreasonable search and seizure. The Crown conceded the strength of Sean Fagan’s Charter argument and stayed all charges against P.U.


Regina v. S.T [Provincial Court of Alberta, Calgary – September 2016]

S.T. was charged with assault upon his girlfriend. S.T. and his girlfriend got into an argument after a long day of drinking at a local pub. As is often the case in cases of this nature, the first person to call the police has their version of events believed by the police.  S.T. was alleged to have pushed his girlfriend and shoved her head into the floor. Prior to trial, Sean Fagan was successful at having this matter resolved by way of the complete withdrawal of the charge.


Regina v. R.S. [Provincial Court of Alberta, Canmore – August 2016]

R.S. was charged with dangerous driving, refusal to comply with the standard field sobriety test and possession of marijuana. R.S. was purported to have engaged in road rage with another driver.  Unfortunately for R.S. the other driver happened to be an RCMP officer driving a civilian vehicle. The officer followed R.S. as he purportedly engaged in dangerous driving behavior.  The off-duty officer contacted the local RCMP to perform a traffic stop on R.S.

When the on-duty RCMP officers caught up to R.S., they executed a traffic stop.  The R.C.M.P officers purportedly observed the smell of marijuana emanating from the vehicle. The officer believed that R.S. was driving while impaired and demanded that R.S. comply with standard field sobriety test.  R.S. purportedly refused to comply with the test and was arrested.  The R.C.M.P searched his vehicle and found marijuana. Sean Fagan was successful at resolving this matter by the complete withdrawal of the driving charges and the drug charge.


Regina v. K.Q. [Provincial Court of Alberta, Calgary – August 2016]

K.Q. was facing two separate drug trafficking prosecutions.  K.Q. was on bail and subject to multiple conditions, one of which required K.Q. to abide by a curfew and not to possess more than one cellular phone. Calgary Police Service did a curfew check on K.Q. and determined that he was not home.  As they were leaving the residence, they observed K.Q. and arrested him for breach of his bail conditions.  K.Q. was searched and was found to be in possession of two cellular phones.  K.Q. was charged with 4 different criminal offences. Because K.Q. had purportedly breached his bail conditions before, it made securing his release particularly difficult. Sean Fagan secured K.Q.’s release on reasonable terms the same day. On the day of trial, the Crown conceded the strength of Sean Fagan’s position and withdrew all charges.


Regina v. J.K. [Provincial Court of Alberta, Calgary – July 2016]

J.K. was facing two separate drug trafficking prosecutions.

• First prosecution

The police executed a traffic stop on J.K’s vehicle for driving with a license plate registered to a prohibited driver. J.K. was arrested for outstanding warrants, and the vehicle was searched.  26.8 grams of crack cocaine and 4.4 grams of powdered cocaine were discovered in the vehicle.

• Second prosecution

The police executed a traffic stop on J.K.’s vehicle for driving with a stolen license plate.  J.K. was arrested for being in possession of stolen property, and his vehicle was searched.  The police discovered a substantial amount of methamphetamines – 120 grams of meth with a purported street value of $12000.   J.K. was charged with a multitude of offences including possession for the purpose of trafficking, proceeds of crime, and possession of stolen property.

Sean Fagan was successful at resolving both matter by way of a guilty plea to simple possession and a fine.


Regina v. G.R. [Provincial Court of Alberta, Calgary – July 2016]

G.R. was charged with possession of marijuana and crack cocaine.  Members of the Calgary Police Service attended a residential neighborhood in relation to a “check on welfare” complaint.  As. G.R. was driving his vehicle through the neighborhood, the police officer deemed that his vehicle was suspicious and stopped it.  Upon engaging G.R. in conversation, the police purportedly observed the scent of marijuana and arrested the occupants of the vehicle.  The police searched J.B’s person and the vehicle. The police discovered marijuana and crack cocaine.  Sean Fagan filed a Charter notice alleging breaches of G.R.’s right not to be arbitrarily detained and his right to be free from unreasonable search and seizure. The Crown conceded the strength of Sean Fagan’s position which ultimately resulted in resolving this matter by the complete withdrawal of all charges.


Regina v. J.B. [Provincial Court of Alberta, Airdrie – June 2016]

J.B. was charged with possession for the purpose of trafficking.  J.B. was alleged to have sold drugs out of a house in small town Alberta.  The reputation of the house led the citizens of the community to commence an investigation into the conduct of the residents.  Their investigation ultimately resulted in the police commencing their own investigation.  The police investigated the house, its occupants, and ultimately executed a warrant on the house. Marijuana was found throughout the house, and J.B. was the only person present in the house when the warrant was executed. On the day of trial, the Crown conceded the strength of Sean Fagan’s position and withdrew all charges.


Regina v. D.F. [Provincial Court of Alberta, Calgary – June 2016]

D.F. was charged with assault and uttering threats.  These charges were particularly aggravating because they were purported to be racially motivated. D.F. and another individual were alleged to have assaulted a visible minority on the Calgary transit system.  The situation was captured by no less than ten security cameras, which made this prosecution particularly challenging. Sean Fagan filed a Charter notice alleging breaches of D.F.’s right not to be arbitrarily detained and his right to counsel. The Crown conceded the strength of Sean Fagan’s position and offered a resolution which resulted in the withdrew of all charges against D.F.


Regina v. D.B. [Provincial Court of Alberta, Calgary – June 2016]

D.B. was charged with theft.  D.B. was purported to have walked out of a grocery store with $160 worth of meat without paying. Sean Fagan was successful at having this matter resolved by way of the complete withdrawal of the charge.


Regina v. A.P. [Court of Queen’s Bench of Alberta, Calgary – May 2016]

A.P. was convicted of dangerous driving for a pattern of adverse driving behaviour between downtown Calgary, and Deerfoot trail south. Sean Fagan was not counsel at trial.  A.P. was sentenced to a conditional discharge – a period of probation which, if complied with, would lead to no criminal conviction being entered on A.P’s record. A conditional discharge is typically not granted for a crime of this nature.  The Crown believed the sentence was unfit as the Crown initially asked for a period of jail time. The Crown appealed the sentence and Sean Fagan was counsel for A.P. at appeal.  Sean Fagan was successful at opposing the Crown’s appeal and upholding the sentence imposed by the trial judge.


Regina v. R.D. [Provincial Court of Alberta, Calgary – April 2016]

R.D. was charged with criminal harassment and 14 counts of breach of Court orders.  R.D. was alleged to have criminally harassed his ex-girlfriend and breached Court orders to not contact his ex-girlfriend. Because R.D. was alleged to have repeatedly failed to abide by Court orders, the Crown was initially vehemently opposed to his release, which made securing his release particularly difficult. Sean Fagan secured R.D.’s release on reasonable conditions.


Regina v. C.S. [Provincial Court of Alberta, Calgary – March 2016]

C.S. was subject to a bail order from charges of possession for the purpose of trafficking.  C.S. was charged with a multitude of breaches of this bail order. On the day of trial, the Crown conceded the strength of Sean Fagan’s position and withdrew all charges.


Regina v. K.J. [Provincial Court of Alberta, Calgary – February 2016]

Calgary Police Service arrested K.J. as a result of a traffic stop.  A substantial amount of suspected methamphetamine was found in the vehicle, and K.J. was charged with possession for the purpose of trafficking.  K.J. was already on bail for trafficking cocaine charges, and the Police were vehemently opposed to his release, which made securing his release particularly difficult.  Sean Fagan criminal lawyer secured K. J’s release on reasonable terms within 24 hours.


Regina v. K.I. [Provincial Court of Alberta, Strathmore – February 2016]

K.I. was involved in a motor vehicle accident.  EMS and the police arrived on scene, and K.I. was placed in an ambulance.  The police did an inventory search of K.I’s motor vehicle and discovered cocaine, a cell phone, a scale, and cash.  K.I.  was charged with possession of cocaine for the purpose of trafficking.  Sean Fagan was successful at resolving the matter by way of a guilty plea to simple possession of cocaine and a small fine.


Regina v. H.K. [Provincial Court of Alberta, Calgary – December 2015]

Calgary Police Service operating an undercover sting operation on “dial -a-dope” drug trafficking rings purchased heroin and cocaine from H.K. on a number of occasions.  H.K. was arrested, and drugs and cash were discovered.  H.K. was already on release for trafficking fentanyl charges, which made securing his release particularly challenging.  Sean Fagan secured H. K’s release on reasonable terms within 24 hours.


Regina v. J.S. [Provincial Court of Alberta, December 2015]

J.S. was alleged to have been involved in an altercation with an individual over a parking dispute.  This altercation led to J.S. allegedly entering the complainant’s business, destroying property, and assaulting and threatening the complainant.  Consequently, J.S. was charged with Robbery, Extortion, and Mischief.  Sean Fagan was successful at resolving this matter by way of the complete withdrawal of all charges prior to trial.


Regina v. R.M. [Provincial Court of Alberta, Calgary – August 2015]

Calgary Police Service executed a search warrant on a residence. Cocaine and weapons were seized from the residence and R.M. was subsequently charged with a multitude of drug and weapons offences. Sean Fagan was successful in securing R.M’s release on reasonable terms.


Regina v. G.H. [Provincial Court of Alberta, Airdrie – July 2015]

G.H. was subject to a bail order for charges related to a marijuana grow operation. G.H. was charged with breach of recognizance for failing to abide by his bail order. On the day of trial, the crown conceded the strength of Sean Fagan’s position and withdrew the charge.


Regina v. Z.W. [Provincial Court of Alberta, Drumheller – July 2015]

Z.W. was charged with impaired driving and driving over .08. An off-duty police officer observed a vehicle driven by Z.W. doing “donuts” in a busy parking lot.  Police detained Z.W. and observed empty beer cans scattered throughout the vehicle; Z.W. admitted he had been drinking alcohol. The police determined that Z.W.’s alcohol was in excess of the legal limit. Sean Fagan filed a Charter notice alleging breaches of Z.W.’s right not to be arbitrarily detained, his right to be free from unreasonable search and seizure, and his right to make full answer and defence. The Crown conceded the strength of Sean Fagan’s position and withdrew all charges against Z.W.


Regina v. J.S. [Provincial Court of Alberta, Calgary – June 2015]

J.S. was arrested and charged with mischief, intimidation by violence, and break and enter. Sean Fagan was successful in allaying the police’s concerns relating to the victim’s safety and Sean Fagan secured J.S’s release on reasonable terms within 24 hours.


Regina v. J. M. [Provincial Court of Alberta, Calgary – June 2015]

Calgary Police Service gang suppression unit arrested J.M. after the police executed a search warrant on a residence. Cocaine, money, and handguns were seized from the residence and J.M. was subsequently charged with possession for the purpose of trafficking, possession of proceeds of crime, and possession of a prohibited weapon. The nature of the weapons charges made release particularly challenging. Sean Fagan secured J.M’s release on reasonable terms within 24 hours.


Regina v. M.M. [Provincial Court of Alberta, Calgary – June 2015]

Calgary Police Service attended a house fire in October 2015. The police suspected that the fire was caused by the manufacturing of drugs. A number of children were in the residence but were removed from the house unharmed. The police obtained and ultimately executed a search warrant on the house. The police charged M.M. with a multitude of charges under the Drug Endangered Children’s Act. Sean Fagan was successful in his pre-trial application to quash the information and effectively kill the prosecution against M.M. without the risk and additional costs associated with trial proceedings.


Regina v. E.Z [Provincial Court of Alberta, Red Deer – May 2015]

E.Z. was subject to a bail order for charges related to direct sales of cocaine to undercover police officers. E.Z. was arrested in Sylvan Lake for being in breach of this bail order and providing a false name to a police officer. Early into the trial, Sean Fagan identified a fatal weakness in the Crown’s case, which resulted in a withdrawal.


Regina v R.B. [Provincial Court of Alberta, Calgary –April 2015]

R.B. was arrested on charges of possession for the purpose of trafficking, manufacturing a controlled substance, possession of proceeds of crime and possession of a prohibited weapon. As R.B. had a previous criminal record for drugs and weapons, his release was particularly challenging. Sean Fagan secured R.B’s release on reasonable terms.


Regina v. Z.M. [Provincial Court of Alberta, Calgary – January 2015]

Z.M. was subject to a bail order from charges of possessing cocaine for the purpose of trafficking. Z.M. was charged with breaching this bail order. On the day of trial, the crown conceded the strength of Sean Fagan’s position and withdrew all charges.