As a consequence of information received by the police from a so-called reliable confidential informant they commenced an investigation into the alleged drug trafficking activities of our client. In particular, the police conducted surveillance on the home of our client and detained a person leaving those premises who claimed to have purchased marijuana (found in his pocket) from within those premises. The police thereafter obtained a warrant to search PVR’s home where they seized approximately ¾ of a kilogram of …
28. Regina v. G.V. L. [Provincial Court of Alberta, Canmore – December 2012]
GVL was operating a motor vehicle east bound on Hwy #1 just west of Lake Louise when he was pulled over by the RCMP. The reason given by the police for detaining GVL was . . . “tinted windows”. As a consequence of a constellation of investigative variables including a very strong odour of air freshener, nervousness, third party vehicle and a past conviction for trafficking in marijuana (albeit 9 years prior) the police decided to detain GVL relative to …
29. Regina v. M.C. [Provincial Court of Alberta, Calgary – December 2012]
The police were in the midst of an undercover operation and were about to make a third purchase of methamphetamine (speed) from a known target. Prior to engaging in the undercover transaction the target advised the police that she was awaiting the arrival of her “supplier”. As police surveillance units surrounded the target’s premises M.C. rolls up in a vehicle and engages in a quick meet with the target. The target thereafter returns to her residence, contacts the police and …
Regina v. T.A.P. [Provincial Court, September 2012]
Client was charged with two counts of trafficking (cocaine and marijuana); possession for the purpose of trafficking (cocaine); possession of proceeds of crime and three breaches of his bail conditions. T.A.P was released and within weeks was arrested a second time for further breaches. T.A.P. was released again and was then arrested a third time for trafficking in cocaine, possession for the purpose of trafficking (ecstasy) and three further breaches of his bail conditions. Ms. Fagan rejected the Crown’s offer …
Regina v. K.A.A. [Provincial Court – August 2012]
KAA was a middle aged family man with no prior history with the police. KAA and his wife accepted an invitation to a dinner party at the residence of a couple with whom they’ve had a someone tenuous relationship. According to the female host of the dinner party, KAA sexually assaulted her when no one was looking. The alleged victim said nothing at the time to suggest that KAA had done anything wrong but two weeks later a complaint of …
Regina v. D.K.J. [Provincial Court – February 2012]
DKJ was charged with sexually assaulting his adult step-daughter. DKJ’s account of events and that of the complainant were diametrically opposed – the critical issue was that of “consent”. DKJ maintained his innocence and the matter scheduled for trial. On the date scheduled for trial the complainant had a complete change of heart with respect to what actually transpired. Bottom Line: Patrick Fagan was successful in having all charges completely withdrawn.
1. Regina v. S.K. [Youth Justice Court, Provincial Court of Alberta, Calgary – January, 2011]
Client charged with possession of controlled substances for the purpose of trafficking and proceeds relative to crack cocaine, powder cocaine, temazepan, cannabis marijuana and cash. Police executed a warrant to search on business premises located in downtown Calgary. At the time of police entry our client was in the company of several males behind the counter of the premises. After 5 months of court appearances and ongoing negotiation with the Crown this prosecution was killed/ terminated by way of a …
2. Regina v. D.S. [Provincial Court of Alberta, Calgary – January 2011]
While conducting surveillance in a local drinking establishment the police observed our client socializing with persons believed to be members of a well-known motorcycle “club”. Consequently, the police came up with a bogus excuse to apprehend, identify and search our client. As a consequence of that search the police located a quantity of cocaine and our client was charged accordingly. A plea of not guilty was entered and a trial date scheduled. Nine months later the Crown concedes the abundantly …
3. Regina v. D.V. [ Court of Queen’s Bench of Alberta, Calgary – January 2011]
This prosecution arises from the facts germane to the truck BBQ on the Deerfoot Trail case as set out in Drug Cases 2010 at paragraph 24. After killing this prosecution relative to the brick of cocaine (located in the snow bank) the Crown pressed on with a charge of possession of methamphetamine (speed). While at the scene of the BBQ aforesaid our client was searched by the police and found to be in possession of (i.e.: the dope was in …
4. Regina v. P.J. [Provincial court of Alberta, Calgary – January, 2011
Client was a passenger in a motor vehicle stopped by the police as a result of an impaired driving complaint. The police observed a crack pipe protruding from beneath the front passenger seat so they searched the vehicle and occupants. A search of the vehicle revealed the presence of 2 ounces of crack cocaine and related paraphernalia. Client was charged with possession of cocaine for the purpose of trafficking; a plea of not guilty was entered and the matter scheduled …
5. Regina v. R. T. [Provincial Court of Alberta, Calgary – March, 2011]
Tough case. Client charged with three counts of direct trafficking as a consequence of three separate sales of cocaine involving two undercover peace officers during an operation extending over several months. At trial both undercover officers pointed to our client as the person from whom they purchased cocaine BUT through cross-examination it was revealed that identification was tainted due to a highly problematic photographic line-up (i.e.: they had a fat guy in with a bunch of skinny guys) and investigative …
6. Regina v. R.D. [Provincial Court of Alberta, Calgary – March, 2011]
Client was targeted by the police during the course of an ongoing investigation of a so-called Dial-a-Dope operation. Undercover peace officers arranged a meet by telephone to purchase cocaine and when our client arrived at the scene he was arrested, searched and found to be in possession of a quantity of cocaine – he was charged with possession for the purpose of trafficking. During our review and analysis of Crown disclosure (police reports, etc.) we identified certain subtle but potentially …
7. Regina v. S.J. [Provincial Court of Alberta, Calgary – March, 2011]
This matter arises from the facts germane to the case set out in Drug Cases 2010 at paragraph 25. After killing the proceeds prosecution by way of a in November, 2010 we redirected our attention to recovering the cash seized by the police from the home of our client. After four months our efforts in this regard were successful and the entire amount was recovered and restored to our client
8. Regina v. S.B. [Court of Queen’s Bench of Alberta, Calgary – March – April, 2011]
Regina v. S.B. [Court of Queen’s Bench of Alberta, Calgary – March – April, 2011] Client had a heated oral exchange with a school official regarding his daughter. Within 24 hours of the non-threatening conversation child welfare investigators were on our client’s front door step in the company of two uniformed policemen demanding entry to his home. Upon entering the home all four intruders immediately confirmed that our client’s daughter was a normal, happy, healthy child who did not present …
9. Regina v. T.E.H. [Provincial Court of Alberta, Calgary – April, 2011]
RegClient charged with possession of a controlled substance for the purpose of trafficking, proceeds of crime and multiple weapons offences (including possession of a handgun with readily accessible ammunition. . . an offence that carries a minimum sentence on conviction of 3 years imprisonment) as a consequence of police search of a motor vehicle and our client’s home. The matter was scheduled for preliminary inquiry where the co-accused entered a plea of guilty; our client maintained his “innocence” and we …
10. Regina v. D.L. [Provincial Court of Alberta, Calgary – April, 2011]
Client was the operator of a motor vehicle which was the subject of ongoing surveillance by the police. The police observed what they believed to be activity consistent with drug trafficking so they stopped the vehicle and searched the driver, passenger and interior of the vehicle. As a consequence of that search the police seized a quantity of cocaine and cash which (according to the police) confirmed their belief with respect to drug trafficking. Consequently, our client was charged with …
11. Regina v. R.P. [Court of Queen’s Bench of Saskatchewan, Regina – April, 2011]
Client was the subject of an ongoing police investigation involving surveillance, confidential informants and the execution of multiple warrants to search. Client was ultimately charged with trafficking in a controlled substance and possession of proceeds of crime (approximately $85,000.00 cash). We entered an election of trial by way of a Justice of the Court of Queen’s Bench of Saskatchewan sitting without the intervention of a jury and scheduled a preliminary inquiry. At the preliminary inquiry we were successful in securing …
12. Regina v. T.C. [Provincial Court of Alberta, Canmore – April, 2011]
Client was operating a motor vehicle east bound on highway #1 near Lake Louise Alberta when he was pulled over by an RCMP highway patrolman/ drug cop. This highly trained officer employed classic pipeline interdiction methodology which ultimately resulted in a search of our client’s vehicle. As a consequence of that search the police located a suitcase containing 28 ½ pound bags of cannabis marijuana. We rejected an offer of an 18 month conditional sentence order (i.e.: house arrest) in …
13. Regina v. A.K.H. [ Provincial Court of Alberta, Calgary – April, 2011]
As a consequence of an ongoing investigation the police executed a warrant to search residential premises in Calgary where they located approximately 2 kilograms of cocaine as well as a so-called “brick” press, cutting agents, scales, packaging etc. We elected Trial by way of the Court of Queen’s Bench of Alberta and scheduled a date for preliminary inquiry. On day one of the preliminary inquiry this prosecution against A.K.H. was killed/ terminated in its entirety by way of the entry …
14. Regina v, J.A. [Provincial Court of Alberta, Calgary – May, 2011]
Client was pulled over by the police for allegedly making an unsignalled lane change in a so-called “shady” area of the City. The police observed a “bud grinder” so they arrested our client. A subsequent search of our client and the vehicle resulted in the seizure of a small quantity of marijuana and multiple packets (9) of cocaine, a tazer and approximately $580.00 in cash. Client was charged with eight separate criminal offences including possession for the purpose of trafficking …