R.Q.R. was driving his vehicle when the police apparently noticed that he failed to signal a lane change. Consequently, the police stopped R.Q.R. and requested his license, registration and insurance. As R.Q.R. reached to retrieve the documentation, the police observed a bag of crack cocaine hanging out of his left jacket pocket. Not surprisingly, the police immediately arrested R.Q.R. for possession of crack cocaine and conducted a search of his person and vehicle incidental to that arrest. As a consequence …
10. Regina v. K.E.E. [Provincial Court of Alberta, Calgary – July 2018]
K .E.E. became the target of a police drug trafficking investigation back in September 2016. During the period extending from September 2016 until early December 2016 the police engaged in ongoing surveillance of K.E.E. and his associates. Specifically, not only did the police observe K.E.E. engaged in a multitude of meetings of short duration consistent (in the opinion of the police) with drug trafficking but they actually apprehended persons meeting with K.E.E. As a consequence of those apprehensions, the police …
11. Regina v. AMB [Court of Queen’s Bench of Alberta – (Calgary) – October, 2018]
The Calgary Police Service (“CPS”) Drug Unit engaged in a lengthy sophisticated investigation into the alleged drug trafficking activities of AMB and various other targets involving heroin, cocaine and fentanyl. In November 2016 an undercover officer of the CPS met with AMB and purchased a street quantity of heroin. AMB was not arrested immediately after the drug transaction as the police were concerned that such an arrest would compromise their investigation of a multitude of other targets. The investigation concluded …
12. Regina v. S.K.P. [Court of Queen’s Bench of Alberta (Calgary) – October, 2018]
On September 23, 2016 at approximately 5:00 p.m. a uniformed member of the RCMP stopped an eastbound Nissan for speeding on Highway No. 1 near Lake Louise, Alberta. While pursuing the Nissan the Constable also noted that it had a broken tail lamp. According to the Constable, when he approached the passenger side of the Nissan he immediately detected the scent of cannabis marijuana emanating from inside the vehicle. As a consequence of the foregoing, S.K.P. was removed from the …
13. Regina v. C.T.T. [Court of Queen’s Bench of Alberta (Calgary) – October, 2018]
In early 2017 members of the Calgary Police Service Gang Enforcement Team (GET) entered into an investigation relative to the alleged drug trafficking activities of C.T.T. Specifically, confidential information led the police to believe that C.T.T. was involved in a mid to high level drug trafficking operation in which he was supplying street level dealers with large quantities of cannabis marijuana and cocaine. During the course of the police investigation C.T.T. was observed engaged (according to the police) in activity …
14. Regina v. H.J.O. [Provincial Court of (Calgary) – November, 2018]
At approximately midnight in October 2017 H.J.O. was observed operating a black SUV at a high rate of speed within the City of Calgary. The police observed H.J.O. drive through a stop sign in a residential area thereby placing (according to the police) numerous pedestrians in the area at substantial risk. The police pursued and stopped H.J.O.’s vehicle and , when approaching the driver’s door , they detected the scent of what they believed to the cannabis marijuana. The police …
15. Regina v. S.A.A. [Court of Queen’s Bench Of Alberta (Calgary) – November, 2018]
During the summer of 2017 the Calgary Police Service received information that S.A.A. was trafficking in controlled substances. Consequently, the police launched an undercover operation during which a police undercover officer was successful in purchasing drugs from S.A.A. on three separate occasions. Undercover Buy #1 After a number of brief text messages between S.A.A. and the undercover officer (hereinafter referred to as the “U/C”) the U/C met with S.A.A. and purchased ten morphine (oxycodone) pills. According to the U/C, S.A.A. …
16. Regina v. F.A.H. [Court of Queen’s Bench of Alberta (Calgary) – December, 2018]
During the month of March 2017 the Calgary Police Service received information alleging that F.A.H. was actively trafficking in cocaine and cannabis marijuana. Consequently, the police embarked upon a drug investigation which involved several days of surveillance. According to the police, they observed nine separate incidents of F.A.H. being involved in activity consistent with drug trafficking. The police gathered sufficient information to obtain a warrant to search the residence of F.A.H. and that search yielded the following items of investigative …
17. Regina v. R.J.B. [Court of Queen’s Bench of Alberta (Calgary) – December, 2018]
In late 2016 the Calgary Police Service (CPS) received information by way of a Crime Stoppers Tip that R.J.B. was using a specific telephone to sell cocaine. Consequently, a CPS undercover officer called that number and ultimately purchased cocaine from R.J.B. on three separate occasions over the course of a two week period. Shortly thereafter the police obtained a warrant to search the residence of R.J.B. and during the execution of that warrant R.J.B. was located and arrested within his …
18. Regina v. S.A.T. [Provincial Court of Alberta (Calgary) – December, 2018]
During the course of a robbery investigation conducted by the Calgary Police Service (CPS) in March 2016, the police obtained information that led them to believe that a certain telephone number was associated with a fentanyl dial -a-dope operation. Consequently, this information was communicated to the CPS Drug Undercover Street Team ( “DUST”) and they embarked upon a drug investigation. Specifically, an undercover officer was given the task of calling the suspicious phone number for the purpose of engaging in …
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 …