C.C. was criminally charged with impaired care and control of a vehicle; failing to provide a sample of her breath; and failing to stop at the scene of an accident. At approximately 4:00am the police responded to a call of a motor vehicle collision. The police found C.C. allegedly slurring her speech, unbalanced, unable to form logical sentences and her breath smelled like alcohol. She was arrested on the scene, taken to the police station and alleged to have failed …
R. v. G.A. [Provincial Court, Calgary, March 2016]
G.A. was out at a popular bar in Calgary consuming alcohol. It was alleged that she got into an altercation with another female and threw a pint glass at her face shattering her front two teeth. G.A. was charged with assault with a weapon and hired Ms. Fagan with a single goal in mind: to walk away without a criminal record. Ms. Fagan successfully argued that this was out of character for her client and that the public interest would …
R. v. B.M. [Court of Queen’s Bench, Calgary, February, 2016]
B.M. was driving just outside of Lake Louise when he was pulled over by police for weaving in his lane of traffic. The police (embarking on an obvious drug investigation) questioned B.M. about his purpose for travel and where he was going to/from. A computer check was conducted revealing that B.M. had multiple drug convictions. The police ultimately formed the grounds to deploy a drug detection dog who indicated the presence of drugs in the vehicle. The police searched the …
R. v. K.L. [Provincial Court, Cochrane, January 2016]
In the early morning hours police received a call of an impaired driver that was allegedly all over the road. The police tracked down the vehicle that was the subject of the complaint and discovered it has been in an accident. K.L. allegedly displayed signs of impairment and was asked to provide a sample of his breath into a roadside device. K.L. provided a sample and failed the roadside test. He was arrested and subsequently provided two breath samples which …
R. v. H.B. [Provincial Court, Calgary, January 2016]
H.B. was charged with aggravated assault (one step below manslaughter) and unlawfully strangling someone with the intent to commit an indictable offence. The allegations arose in a domestic context and the complainant allegedly received a broken collarbone which required 2 surgeries and multiple pins to repair. Ms. Fagan was able to secure the withdrawal of all charges at preliminary inquiry.
26. Regina v. S.K.Y. [Provincial Court, Calgary – November 2015]
CHARGES: 1) Possession of cocaine for the purpose of trafficking. 2) Possession of marijuana for the purpose of trafficking. 3) Possess proceeds of crime. 4) Dangerous driving causing bodily harm. Result: entered on all charges. The police received a complaint from a hotel manager that drugs had been observed by hotel cleaning staff in a room occupied by SKY. The police, with the assistance of the hotel manager, entered the room where they seized a quantity of marijuana, cocaine, cash …
R. v. W.J. [Provincial Court, Calgary, October 2015]
W.J. was arrested in the security line at the Calgary Airport with a loaded handgun in his carry-on bag. He admitted to a border services agent that the gun was his. He was charged under both the Criminal Code and the Aeronautics Act. W.J. was a resident of Texas and was in Canada for a few days on business. The Crown asked the Judge to deny W.J. bail because there was no guarantee that he would return to Canada to …
R. v. B.C. [Provincial Court, Strathmore, September, 2015]
B.C. was pulled over by the police on the Trans-Canada Highway for allegedly talking on a cell phone. The police detected the smell of marijuana and ultimately searched the vehicle discovering close to 10 lbs of marijuana, multiple cell phones and packaging materials. Both B.C. and the passenger of the vehicle were charged with possession of marijuana in an amount exceeding 3 kilograms. Ms. Fagan filed a Charter notice alleging a breach of her client’s right not to be arbitrarily …
R. v. J.M. [Provincial Court, Calgary, September, 2015]
In the early hours of the morning the police were dispatched to a check on welfare call of a person who had fallen asleep at the wheel of his vehicle at a stoplight. On arrival the police ordered J.M. out of the vehicle and, in doing so, detected the smell of marijuana, a scale, packaging materials, a significant amount of cash and multiple cell phones. J.M. was arrested for possession of marijuana for the purpose of trafficking and possession of …
R. v. L.D. [Provincial Court, Calgary, September 2015]
L.D. was charged with possession of a firearm along with possession of a stolen vehicle. He was released on bail and breached his conditions 6 weeks later. He was re-released on bail again and then allegedly breached his conditions a second time by being in possession of stolen property as well as break-in tools. L.D. initially did not hire a lawyer. After approximately a month in custody, L.D. hired Ms. Fagan to secure his bail on an expedited basis because …
R. v. N.R. [Arrest Processing Unit, Calgary, September 2015]
N.R. had been previously arrested on three separate drug matters involving (among other things) substantial amounts of crack cocaine. He was detained for several months and eventually a Justice of the Court of Queen’s Bench released him on extremely strict bail conditions which included 24/7 house arrest with no exceptions. When released N.R. was cautioned that if he violated his bail conditions even in the slightest degree that he would remain in jail until trial. Within months of his release …
R. v. H.B. [Provincial Court, Calgary, August 2015]
H.B. was charged with refusing to provide a breath sample, resisting arrest and breaching his bail conditions. At the time of his arrest, H.B. was out on bail for an alleged domestic assault and which included the condition that he was not to consume alcohol. The police pulled over a vehicle driven by H.B. and believed him to be impaired. He was given several opportunities to provide a sample of his breath and did not do so. The police tried …
R. v. A.T. [Provincial Court, Calgary, July 2015]
While out on bail for obstructing a police officer, A.T. was observed by police helicopter (HAWC) operating a vehicle that was alleged to be connected to a shooting that occurred the day prior. A warrant was obtained and the vehicle was searched revealing a stolen handgun, cash, cocaine, marijuana and ecstasy in the centre console. A.T. was charged with a number of weapons offences as well as possession of cocaine and ecstasy for the purpose of trafficking, proceeds of crime …
R. v. W.C. [Arrest Processing, Medicine Hat, July 2015]
W.C. was arrested on a Friday afternoon and hired Ms. Fagan to secure his release on bail. He was arrested on charges of fraud, theft and breach of his bail conditions. At the time he hired Ms. Fagan for bail he was out on three separate sets of bail conditions stemming from a fraud investigation; a number of breaches and trafficking crack cocaine to an undercover police officer. The police were opposed to W.C.’s release emphasizing that W.C. had a …
R. v. C.W. [Provincial Court, Calgary, July 2015]
C.W. was charged with the serious offence of robbery. C.W. was alleged to have driven a youth into a secluded area and robbed him, leaving the youth at the side of the road. When arrested, C.W. gave a full confession. If convicted after trial C.W. faced a jail term. The Crown’s initial resolution offer was a jail sentence of several months. Through lengthy negotiations with the Crown Ms. Fagan was able to have the charge reduced to theft under $5,000. …
R. v. J.J. [Provincial Court, Didsbury, May 2015]
– J.J. was the driver and registered owner of a vehicle transporting three other males. The vehicle was pulled over, the police detected the smell of marijuana and arrested J.J. along with the other three occupants. Along with cocaine and marijuana approximately $1000.00 was found, as well as multiple cellphones and a scale. J.J. was charged with possession of both cocaine and marijuana for the purpose of trafficking as well as simple possession of cocaine and marijuana. Ms. Fagan was …
Regina v. S.S.S. [Court of Queen’s Bench – May 1, 2015]
SSS was charged with sexually assaulting his estranged common law wife. The assault was alleged to have occurred in the bedroom of SSS at his condo after a dinner party. The events giving rise to the criminal prosecution are somewhat convoluted but they go something like this: 1) sexual activity including intercourse transpired in the bedroom, 2) the sexual activity was captured on a home movie, 3) the roommate of SSS overheard some shouting and called the police, 4) the …
Regina v. J.A.A. [Provincial Court – May 2015]
JAA was a Vancouver resident attending his final year at the University of Calgary. According to the police, after enjoying the festivities at the weekly U of C pub night he entered his shiny new convertible and proceeded to smash into no less than five parked cars. JAA was apprehended by campus security standing “outside” his damaged sports car with keys in hand. According to campus security personnel JAA vacillated between stating that he was the driver and stating that …
R. v. J.T. [Provincial Court, Calgary, April 2015]
J.T. was charged with impaired driving, driving while her blood alcohol was over the legal limit and possession of marijuana. Police observed damage to the vehicle being driven by J.T. as she swerved in and out of traffic. Police arrested J.T. who then admitted she had been drinking alcohol and smoking marijuana. Marijuana was located in the vehicle. J.T.’s blood alcohol level was determined to be well in excess of the legal limit. Ms. Fagan filed a Charter notice alleging …