Regina v. T.B. [Arrest Processing Unit, Calgary, July 2013]

T.B. was charged with possession of approximately 1 kilogram of cocaine for the purpose of trafficking; possession of oxycontin for the purpose of trafficking (~2000 pills); two counts of trafficking in cocaine and psilocybin (mushrooms); possession of proceeds of crime ($190,000) and nine breaches of a peace bond. Ms. Fagan was able to secure T.B.’s release on bail within 24 hours of his arrest.

Regina v. W.S. [Calgary Provincial Court, April 2013/ May 2013]

W.S. was on bail conditions relative to allegations of possession of marijuana for the purpose of trafficking out of Newfoundland. While on release, W.S. acquired with two additional sets drug charges in Alberta. The allegations with respect to the first Alberta drug matter were that W.S. was driving a motor vehicle that was pulled over by the police. The police stated that they could smell fresh marijuana emanating from the trunk of the vehicle and conducted a search which yielded …

Regina v. A.H. [Calgary Provincial Court, June 2013]

This was the largest heroin importation seizure in the history of Alberta. The allegations were that A.H. had traveled from South Africa to Calgary with over 12 kilograms of heroin in two suitcases with false bottoms. He was arrested at the airport allegedly holding the suitcases. A.H. was a refugee and resided in Toronto with no ties to Calgary or Alberta. According to police the heroin had an estimated street value of 3 million dollars. The Crown was vehemently opposed ...

Minister of Justice v. L.D. [Court of Queen’s Bench of Alberta, May 2013]

This was a civil forfeiture matter which involved the agents of the Province of Alberta seizing a home valued at over half a million dollars. L.D. was a father whose son was charged with trafficking in marijuana, possession of proceeds of crime and possession for the purpose of trafficking (marijuana). Multiple kilograms of marijuana and almost $100,000 in cash were found in the home allegedly occupied by the son. Ms. Fagan was successful in challenging the application for forfeiture of …

Regina v. F.L.K. [Provincial Court – May 2013]

FLK was enjoying the company of friends at a local watering hole when their party was interrupted by the attendance of an unknown female. The female took a shine to FLK and the end result was sex and drinks at her place. Six months later the complainant decided to accuse FLK of sexual assault. When apprehended by the police FLK (who had never been in trouble with the police before) proclaimed his innocence but, true to form, he was arrested …

Regina v. S.H. [Calgary Provincial Court, March 2013]

S.H. was subject to two bail orders – one a drug matter and the other a sexual assault. The allegations were that S.H. was found in a bar, past his curfew, in the company of people with whom he had a no contact order. A total of 6 charges of breach of condition were laid. S.H. was approached by Calgary City Police (Gang Suppression Team) and using the provisions of the “Liquor and Gaming Act” the police asked S.H. to …

Regina v. N.A.A. [Provincial Court – March 2013]

NAA was a well-educated medical professional who had absolutely no history of adverse involvement with the police. Like many professionals, he simply preferred the privacy of an internet dating site to the bar scene. He met a woman over the internet and they ultimately engaged in sexual activity at his residence. NAA maintained his innocence relative to allegations of nonconsensual sex and instructed Patrick Fagan to enter a plea of not guilty. Bottom Line: A full blown trial ensued during …

Regina v. B.B.B. [Provincial Court – January 2013]

BBB was a highly educated well placed professional involved in extremely acrimonious divorce proceedings where matters of custody and disposition of property were hotly contested. All of a sudden, in the midst of those family proceedings, BBB’s estranged wife accused BBB of assault and criminal harassment. BBB vehemently denied both allegations and instructed Patrick Fagan to enter pleas of not guilty. Bottom Line: The matter proceeded to a full blown trial during which Patrick Fagan had an opportunity to test …

1. Regina v. D. B. [Provincial Court of Alberta, Calgary – January, 2012]

Client charged with multiple offences including five counts of possession of a controlled substance for the purpose of trafficking in heroin, ecstasy, oxoycodone, clonazepam and cannabis marijuana. D.B. was the subject of ongoing surveillance by the police which lead to the execution of a warrant to search residential premises occupied by D.B. and other persons. D.B. was also charged with possession of stolen property, weapons and possessing proceeds (cash) of crime. The Crown was initially seeking (on an early guilty …

2. Regina v. G.F. [Provincial Court of Alberta, Calgary – February, 2012]

Tough case. Client charged with four separate counts of trafficking in marijuana to the same undercover officer over a one week period. To make matters worse, subsequent to the fourth undercover purchase the police executed a warrant to search the home of G.F. where they seized approximately 1 kilogram of marijuana, a substantial quantity of cannabis resin and approximately $10,000.00 cash. This resulted in our client being further charged with possession of marijuana for the purpose of trafficking, possession of …

3. Regina v. A.S. [Provincial Court of Alberta, Calgary – February, 2012]

Client charged with possession of marijuana for the purpose of trafficking and possessing proceeds (cash) of crime. A.S. had been the target of police surveillance during which they observed activity consistent with drug trafficking. Subsequent to an alleged transaction the police arrested A.S. and found him to be in possession of a quantity of cash. The police thereafter obtained and executed a warrant to search our client’s residence where they seized approximately 1 kilogram of marijuana. Our client was a …

4. Regina v. S.Y. [Provincial Court of Alberta, Calgary – February, 2012]

S.Y. was the target of ongoing police surveillance during which the police observed activity consistent with drug trafficking. As a consequence of the foregoing the police apprehended S.Y. in a motor vehicle and a search of his person revealed the presence of 17 individual packets of crack cocaine and approximately $1,000.00 in cash. The police also seized so-called “score sheets” from beneath the sun visor, another $1,000.00 cash in the glove box, a knife and multiple cellular phones. Our client …

5. Regina v. M.D. [Provincial Court of Alberta, Calgary – February, 2012]

M.D. was pulled over by a traffic cop for displaying an expired license plate. On the officers attendance at the driver’s door of the motor vehicle he allegedly detected the scent of fresh marijuana and placed M.D. under arrest. A subsequent warrantless search of the car failed to turn up any hint of marijuana but the officer did find 42 separate packages of cocaine in the center console as well as cash. To make matters worse the police seized a …

6. Regina v. K.F. [Provincial Court of Alberta, Calgary – March, 2012]

K.F. was one of several targets in an ongoing police investigation involving surveillance, the search of a motor vehicle and residential premises. Police seized approximately 35 separate packages of cocaine, scales, packaging material, so-called score sheets, cash and a knife resulting in charges against K.F. of trafficking in cocaine, possession of cocaine for the purpose of trafficking, multiple possession charges, possessing proceeds of crime and weapons. The matter was scheduled for preliminary inquiry and on day one of those proceedings …

7. Regina v. C.B. [Provincial Court of Alberta, Calgary – March, 2012]

C.B. was charged with multiple weapons offences relative to the discharge of a handgun. In pursuit of the handgun and ammunition the police conducted a warrantless search of our client’s home and obtained a detailed statement from him germane to possession and use of the handgun. We scheduled the matter for trial and provided the Crown with detailed notice of our intention to challenge the legality of the search and admissibility of the statement. On the first day of trial …

8. Regina v. K.H. [Provincial Court of Alberta, Calgary – March, 2012]

A one year police investigation involving extensive surveillance resulted in a warrant to search residential premises which contained a million dollar cannabis marijuana grow operation. According to the police the grow operation was highly sophisticated (a three stage grow) with well in excess of 1,000 plants. The grow operation also involved an electrical bypass and water bypass. Bottom line: we killed this prosecution in its entirety against K.H. by way of the entry of a stay of proceedings.

9. Regina v. E.S. [Provincial Court of Alberta, Calgary – March, 2012]

During the course of a lengthy police investigation involving extensive surveillance the police observed our client meet with the primary target and engage in drug related activity. As a consequence of the foregoing the primary target and E.S. were arrested and searched. The police seized approximately a ½ pound of methamphetamine (“speed”), approximately 10 packets of crack cocaine, cash, six cellular phones and other contraband. Client charged with possession for the purpose of trafficking in cocaine, possession for the purpose …

10. Regina v. S.J. [Provincial Court of Alberta, Calgary – April, 2012]

S.J. was the target of police surveillance during which activity consistent with drug trafficking (according to the police) was observed. The investigation culminated in the arrest of S.J. in his motor vehicle and a subsequent search of his home by way of warrant. The search incidental to S.J.’s arrest yielded several thousand dollars cash and approximately once ounce of crack cocaine; the search of his residence yielded approximately $6,000.00 in cash and other drug related paraphernalia including body amour. S.J. ...

11. Regina v. R.B. [Provincial Court of Alberta, Calgary – April, 2012]

As a result of a police investigation involving extensive surveillance police ultimately secured warrants to search several motor vehicles and a residence. From a motor vehicle registered to R.B. the police discovered a sophisticated hidden compartment containing approximately three kilograms of cocaine and a smaller quantity of ecstasy. At the residence (where R.B. was apprehended/arrested) the police seized several additional ounces of cocaine and close to $10,000.00 in cash. As a result of the foregoing R.B. was charged with possession …