The facts in this case are pretty much the same as those in Case #12 above. As a consequence of the nature and amount of drugs seized by the R.C.M.P. the Crown embarked upon two separate drug prosecutions – one for the cocaine in Queen’s Bench (Case # 12) and the other for marijuana in the Provincial Court for Saskatchewan. BOTTOM LINE: As a consequence of Patrick Fagan ’s successful Charter applications during the course of the Queen’s Bench cocaine …
14. Regina v. C.J. [Provincial Court of Alberta, Calgary – July 2017]
The police identified a stolen truck located in the driveway of a residence. During the course of police surveillance they observed C.J. leave the residence and walk towards the stolen truck; when C.J. started to enter the truck she/he was arrested by the police. A search of C.J. incidental to arrest resulted in the seizure of keys to the stolen truck and a variety of illegal drugs. The police took C.J. into custody and charged her/him with the following offences: …
15. Regina v. R.M.B. [Provincial Court of Alberta – August 2017]
R.M.B. was the driver and lone occupant of a motor vehicle which was pulled over as a consequence of a seat belt infraction. During the course of the stop the police claimed to have detected the scent of fresh cannabis marijuana and they inquired of R.M.B. as to whether he/she had “pot” in the vehicle. R.M.B. properly (and unwisely) responded in the affirmative – “not too much”. R.M.B. was placed under arrest for unlawful possession of a controlled substance and …
16. Regina v. R.M.M. [Provincial Court of Alberta– September 2017]
R.M.M. was charged with possessing proceeds of crime contrary to Section 354 of the Criminal Code. As the Crown was seeking a period of imprisonment in the range of 18 months to 2 years R.M.M. retained Patrick Fagan to defend this prosecution. Bottom Line: On the day before trial the Crown conceded the strength of Patrick Fagan’s challenges to the constitutionality of the investigation and the entire case was successfully terminated by way of the entry of a . Background …
17. Regina v. J.I.J. [Provincial Court of Alberta– September 2017]
J.I.J. was a passenger in a vehicle which was pulled over by the police due to “tinted” windows. As the police approached the vehicle they detected the overwhelming scent of fresh marijuana. Consequently, the police arrested all 3 occupants of the vehicle (including J.I.J.) for possession of a controlled substance and thereafter conducted a search of the vehicle incidental to those arrests. The search resulted in the seizure of a relatively substantial quantity of cannabis marijuana, cannabis resin and cash. …
18. Regina v. R.A.A. [Provincial Court of Alberta, Calgary – October 2017]
On a return trip to Calgary from the Middle East, R.A.A. was flagged by airport border officials as a potential drug trafficker. During the course of a secondary search of R.A.A. and his luggage, border officials performed a field drug test on a multitude of containers that tested positive for “cocaine”. The border officials seized the containers, arrested R.A.A. and charged him with various offences including: Importation of cocaine contrary to Section 6(1) of the Controlled Drugs and Substances Act. …
19. Regina v. A.A.A. [Court of Queen’s Bench of Alberta, Calgary – October 2017]
A.A.A. was a highly educated person about to embark upon a promising professional career. According to the police, A.A.A. was also a drug trafficker. Specifically, according to the police, A.A.A. met with an undercover Peace Office and sold that officer 2 bags of cocaine. A.A.A. was later identified by the police and, when arrested, the police found an additional quantity of cocaine on his person. As a consequence of the foregoing, A.A.A. was charged with a number of offences including: …
20. Regina v. W.W.S. [Court of Queen’s Bench of Alberta, Red Deer and Calgary – November 2017]
In September 2013 the RCMP Federal Policing South Team entered into an investigation of the alleged drug dealing and money laundering activities of W.S.S.. Following several months of surveillance by a multitude of officers, the police obtained a Warrant to Search the residence of W.S.S.; that search resulted in the seizure of a relatively large quantity of cannabis marihuana and a large amount of cash. At the same time, the police seized large sums of money and other financial assets …
21. Regina v. G.R.R. [Provincial Court of Alberta, Calgary– November 2017]
At approximately 4:22 a.m. police received a complaint of an impaired driver passed out behind the wheel of his vehicle at a busy intersection. By the time the police arrived on the scene the vehicle had driven away. Shortly thereafter, however, the same vehicle went through radar at a 120 km/h in a 90 km zone and being driven in an erratic manner. The police stopped the vehicle whereupon he immediately noted the “puke-ish odour of hard liquor on the …
22. Regina v. R.A.A. [Provincial Court of Alberta, Calgary– December 2017]
In September 2016 members of the CPS Gang Enforcement Team initiated a drug trafficking investigation involving R.A.A.. [Yes . . . this is the same R.A.A.] arrested for importation of cocaine as articulated above at Case #18. The police believed R.A.A. was a person responsible for running a so-called Dial-a-Dope drug operation in Calgary. After conducting a month of surveillance the police ultimately executed a Warrant to Search on R.A.A.’s home. Prior to executing the Search Warrant on R.A.A.’s residence, …
R. v. P.K. [Provincial Court, Strathmore, November 2016]
A concerned civilian noticed a vehicle driving erratically and narrowly colliding with other vehicles and a cyclist and called 911. The civilian followed the vehicle for approximately 15 minutes detailed his observations to 911 dispatch. The vehicle (allegedly driven by P.K.) rear ended another vehicle so hard that the hood of P.K.’s vehicle curled up over his front windshield. Instead of stopping to exchange particulars and render assistance as he was legally required to do, P.K. allegedly drove through a …
Regina v. Z.Z.Z. [Provincial Court – June 2016]
ZZZ was charged with communicating with a female under the age of 18 for a sexual purpose, an offence that carries a minimum punishment if convicted of 6 months imprisonment. ZZZ vehemently denied communicating or intending to communicate with a person under the age of 18 for a sexual purpose and retained Patrick Fagan to defend this prosecution. As it turned out, there was no female under the age of 18. What there was instead is an adult female peace …
R. v. A.I. [Court of Queen’s Bench & Provincial Court, Calgary, March 2016 and October 2016]
Police had been conducting an undercover surveillance operation for several weeks in relation to allegations of trafficking in fentanyl. Over the course of the investigation police observed A.I. engage in activity that they characterized as consistent with drug trafficking. In the course of their surveillance A.I. was apparently seen vomiting at the side of the of a busy road. The police seized on the opportunity to arrest A.I. for impaired driving and searched his vehicle. They conducted a search of …
R. v. R.J. [Court of Queen’s Bench, Calgary, October 2016]
R.J. was pulled over near Lake Louise after a police computer check determined that he was driving without registration or insurance. Police noticed the smell of a “masking agent” (cologne); that R.J. was traveling to a “source” province for marijuana (i.e. British Columbia) and through computer checks determined that he had a conviction for possession of marijuana for the purpose of trafficking. R.J. apparently presented as extremely nervous, which heightened the suspicion of the police that he was transporting contraband …
R. v. L.D. [Provincial Court, Calgary, October 2016]
The police received a phone call from an anonymous caller about a woman high on heroin driving a stolen vehicle and following another stolen vehicle. The police tracked the woman to a pizza parlour where she was seen standing in her underwear eating pizza with a male. The male (L.D.) allegedly had three throwing knives visible on his belt and was arrested for possession of a weapon for a purpose dangerous to the public peace. He was searched incident to …
R. v. G.C./ Q.M. [Provincial Court, Calgary, September 2016]
Police observed a suspicious vehicle and ran the license plate through their computer system. According to the police the registered owner came back as wanted for murder. The police immediately pulled the vehicle over and arrested the two occupants. A search of the vehicle was conducted incident to arrest and the police allegedly located seven cell phones; a knife on the driver; cash; bear spray; 1.2 kilograms of cocaine and 250g of marijuana. G.C. and Q.M. were arrested for possession …
R. v. S.J. [Provincial Court, Yellowknife, September 2016]
S.J. retained Ms. Fagan to defend 11 charges including sexual assault, uttering threats, unlawful confinement and assault. Ms. Fagan attended in Yellowknife to conduct the preliminary inquiry and S.J. was discharged on 9 of the 11 charges (meaning that only two remaining charges would tried by a jury). Ultimately Ms. Fagan was successful in securing a stay of proceedings on the two remaining charges before trial.
R. v. S.D. [Court of Queen’s Bench, Calgary, September 2016]
S.D. was driving a vehicle outside of Lake Louise and was pulled over by the police for (apparently) weaving in his lane of traffic multiple times. The police detected the smell of marijuana and proceeded to search S.D.’s vehicle allegedly discovering over 5 kilograms of marijuana and 4 tubs of marijuana honey. S.D. was charged with possession of marijuana in excess of 3 kilograms for the purpose of trafficking and simple possession of marijuana (the honey). A few weeks prior …
R. v. B.R. [Court of Queen’s Bench, Calgary, April 2016]
B.R. was a passenger in a vehicle traveling on the Trans-Canada highway. Two highway patrol men conducted a so-called “Checkstop” for sobriety on the vehicle and ultimately formed the grounds to search the vehicle. B.R. and the driver of the vehicle were questioned and imprisoned in the back of the police vehicle. Computer checks were conducted revealing that both the driver and B.R. had prior drug convictions. A drug detection dog was deployed who did not indicate that he smelled …
R. v. B.A. [Provincial Court, Calgary, April 2016]
B.A. was charged with trafficking cocaine, possession of cocaine for the purpose of trafficking and possession of proceeds of crime. The Calgary Police Service initiated a large scale drug investigation involving a cocaine trafficking ring that B.A. was alleged to be a part of. An undercover police officer allegedly met with B.A. and purchase several grams of cocaine. The undercover officer paid for the cocaine with several marked bills. B.A. left the scene and was followed and ultimately arrested. The …