Charged with impaired driving and over 0.08. Police observed ASG strike a concrete medium and then return to its lane of travel. The police stopped ASG, detected a strong odour of alcohol and demanded that he provide samples of his breath for roadside analysis – result “fail”. The police arrested ASG, escorted him to the police station and obtained two samples of his breath into the intoxilyzer with readings well in access of the legal limit. Patrick Fagan entered pleas …
15. Regina v. B.S. [Provincial Court of Alberta, Calgary – September, 2013]
B.S. was operating his motor vehicle on the Trans-Canada Highway near Banff when he was stopped by the RCMP in a classic Pipeline Interdiction scenario. After engaging B.S. in a scripted Q&A the police conducted a search of the vehicle and seized a substantial quantity of psilocybin and cash. B.S. was promptly arrested and charged with a possession of a controlled substance for the purpose of trafficking and proceeds of crime. Our efforts to resolve this prosecution amicably were initially …
Regina v. G.T. [Court of Queen’s Bench of Alberta, September 2013]
Client charged with impaired driving causing bodily harm and dangerous driving causing bodily harm, both of which carry a mandatory jail sentence. After a hard fought 5 day preliminary inquiry the entire matter was resolved by way of guilty plea to impaired driving and a fine. The much more serious charges carrying the mandatory jail sentence were completely withdrawn.
16. Regina v. Q.T.T.& J.A.Y. [Provincial Court of Alberta, Calgary – September, 2013]
During the month of June 2012 members of the Green Team South (“GTS”) conducted an extensive investigation involving confidential informants and surveillance relative to a suspected marijuana grow operation. In pursuit of their investigation GTS installed a DRA monitoring device on the target premises which measured the ebb and flow of electricity in the home. According to a police marijuana “expert” the DRA graph revealed a power consumption pattern consistent with a grow operation. Armed with the information aforesaid the …
17. Regina v. L.S. [Provincial Court of Alberta, Lethbridge – October, 2013]
While entering Canada at the Montana/Alberta border crossing LS was subjected to a secondary search which revealed the presence of multiple tablets of oxycontin (morphine). LS was charged with possession of a controlled substance and importation of a controlled substance contrary to the Controlled Drugs and Substances Act. Through the efforts of our office all charges against LS were completely withdrawn.
18. Regina v. K.K.K. [Provincial Court of Alberta, Calgary – October, 2013]
KKK was seated in a motor vehicle with another person in a Denny’s parking lot. The police considered KKK’s activity to be suspicious so they decided to investigate. As the police approached the driver side of KKK’s vehicle they detected the overpowering scent of fresh marijuana. They also observed KKK holding a “marijuana cigarette” in his hand. During the subsequent search incidental to arrest the police seized a knife, multiple hits of oxycodone, marijuana, several grams of crack cocaine, 3 …
19. Regina v. V.A. [Provincial Court of Alberta, Calgary – October, 2013]
In an operation entitled “Operation Citadel” an undercover member of the Calgary Police Service drug unit made multiple purchases of street level quantities of cocaine from VA. During the last cocaine transaction the police arrested VA and a search incidental to his arrest revealed the presence of nine individually wrapped baggies of cocaine, one bag of cannabis marijuana and a quantity of cash. A subsequent search of VA’s residence revealed the presence of a quantity of crack cocaine and powder …
20. Regina v. N.R.G. [Provincial Court of Alberta, Canmore – October, 2013]
NRG was apprehended by the RCMP while operating a motor vehicle on Bow Valley Trail near Canmore Alberta. The stop was in the nature of a classic Pipeline Interdiction investigation. A search of NRG’s vehicle resulted in the seizure of several thousand dollars, several grams of cocaine, several grams of crack cocaine, several ounces of cannabis marijuana, drug paraphernalia and 34 pills of oxycotin (morphine). As a consequence of the foregoing NRG was charged with several counts including possession for …
21. Regina v. C.C.M. [Provincial Court of Alberta, Airdrie – October, 2013]
The RCMP executed a warrant to search residential premises in Airdrie where they located a sophisticated three stage marijuana grow operation. Much to the chagrin of CCM he drove into the driveway of the grow house as the police were about to execute the warrant. CCM was arrested and a search of his person revealed the presence of a set of keys which were then used by the police to enter the grow house – not good. As a consequence …
22. Regina v. M.M.C. [Provincial Court of Alberta, Calgary – October, 2013]
The police responded to a 911 emergency call which lead them to a basement suite. In that basement suite the police observed multiple weapons and blood splattered throughout the premises. The police secured the premises and obtained a warrant to search. The execution of that warrant yielded approximately 3 kilograms of cannabis marijuana, just under a “brick” (kilo) of hashish, packaging materials, multiple weapons, approximately $10,000.00 cash and related drug paraphernalia. MMC was charged with possession of cannabis marijuana for …
23. Regina v. M.V.S [Provincial Court of Alberta, Calgary – October, 2013]
The police entered residential premises with a warrant to search where they found a sophisticated 450 plant marijuana grow operation; the police also located MVS hiding in the home. The warrant to search was solid and (short of a miracle) a conviction for cultivation and possession for the purpose of trafficking was inevitable. All MVS wanted was to stay out of jail. As the Crown would not settle for less than 15 months imprisonment we entered pleas of not guilty …
24. Regina v. G.R. [Court of Queen’s Bench of Alberta, Calgary – November, 2013]
In an investigation entitled “Gladiator” the police executed a warrant to search an apartment where they located a quantity of crack cocaine, ecstasy, codeine, GHB, assorted drug trafficking paraphernalia, weapons and approximately $12,000.00 cash. The police also found GR in a bedroom; a search of GR revealed the presence of a key for the apartment building. GR was charged with 10 offences including 4 counts of possession for the purpose of trafficking, production of crack cocaine, weapons and possessing proceeds …
25. Regina v. R.J. [Provincial Court of Alberta, Rocky Mountain House – November, 2013]
R.J. was the target of a police undercover investigation involving confidential informants and extensive police surveillance. As a consequence of that investigation the police charged R. J. with a number of offences including possession of oxycontin (“morphine”) for the purpose of trafficking and multiple firearms offences. While in custody the police interrogated R.J. and managed to secure an admission of trafficking. The circumstances surrounding seizure of the guns and drugs were such as to give rise to various issues under …
26. Regina v. P.J. [Provincial Court of Alberta, Ponoka– December, 2013]
The RCMP obtained a warrant to search the home of P.J. where they located what they consider to be a relatively large quantity of cannabis marijuana, cash and a small quantity of cocaine. P.J. was charged with a number of offences including possession of cannabis marijuana for the purpose of trafficking. Pleas of not guilty were entered and on the date of trial the matter was resolved by way of a conviction for simple possession of cannabis marijuana and a …
27. Regina v. V.J. [Provincial Court of Alberta, Medicine Hat– December, 2013]
Members of the Combined Forces Special Enforcement Unit (CSFU) conducted an investigation involving extensive surveillance into the alleged cocaine trafficking activities of V.J. The police attached an electronic tracking device to V.J.’s automobile which led to his apprehension by the police on Highway #1 just west of Medicine Hat. A search of V.J.’s vehicle revealed approximately 1 ounce of cocaine and a digital scale. Police also seized a cellular telephone containing text messages consistent (according to the police) with drug …
Regina v. H.H.B. [Provincial Court – November 2013]
HHB was a simple middle aged married delivery man with no prior adverse history with the police. During the course of a routine delivery he was alleged to have sexually assaulted one of his regular female customers. The complaint was not made to the police until approximately six months after the alleged offence date and only after the urging of an “intimate” friend. HHB denied the allegations in their entirely and instructed Patrick Fagan to enter a plea of not …
Regina v. P.R. [Calgary Provincial Court, September 2013]
The police received information from multiple confidential informants that P.R. was dealing crack cocaine. After extensive police surveillance a search warrant was obtained and executed on P.R.’s home. The police found P.R. alone the in the residence sitting beside a bag of approximately a pound of crack cocaine and $40,000.00 cash. R.P. was promptly arrested and charged with possession of crack cocaine for the purpose of trafficking, possession of proceeds of crime and three counts of breach of a court …
Regina v. F.E. [Court of Queen’s Bench of Alberta, September 2013]
Client was charged with possession of approximately 1 kilogram of methamphetamine for the purpose of trafficking and numerous firearm offences. She was released on bail, one condition of which was to have no contact with her co-accused. Over the course of two months the police allegedly intercepted over 500 conversations between F.E. and her co-accused – many of those conversations involved the alleged destruction of material evidence. Her bail was promptly denied at the Provincial Court level (where she was …
Regina v. M.M. & T.L. [Territorial Court of the Northwest Territories, Hay River, August 2013]
Clients were charged with possession of marijuana for the purpose of trafficking and two firearm offences. The case against P.R. was very compelling and the Crown’s pre-trial resolution offer was 9 months incarceration in exchange for a timely guilty plea. The offer was rejected and the case scheduled for trial. On the first day of trial Ms. Fagan succeeded in having all charges withdrawn.
Regina v. H.K. [Provincial Court, Lethbridge, August 2013]
H.K. was allegedly involved in a high speed chase with the Drug Enforcement Agency (“DEA”) in the United States that ended in a collision. Our client allegedly ran across the Canadian/US border where he was apprehended by the RCMP. H.K. was charged with the importation of 9.5 kilograms of cocaine. Ms. Fagan was able to secure H.K.’s release on bail.