Kaysi Fagan Case Archive

S.J. drove through checkstop set up by police. Police observed an odor of alcohol on S.J.’s breath and an “overwhelming” odor of alcohol coming from the vehicle. A demand for a roadside sample of his breath was made. After five attempts to provide a sample S.J. was arrested for failing to/ refusing to provide a breath sample. S.J. denied drinking and said that the smell of alcohol originated from his brother, who was his passenger. Ms. Fagan scheduled the matter …

M.N.’s matters had a complicated history. In 2014 he had been convicted under the Securities Act of fraudulently obtaining funds from various people for an investment he was promoting (which as it turns out, did not exist). He entered guilty pleas under the Securities Act and spent 2 years in jail and 3 years on probation (note: Ms. Fagan was not counsel at this time). While he was in custody the police discovered other alleged victims of M.N.’s scheme and …

The police conducted a vehicle stop on P.K.’s vehicle after observing that it had damage to its front end. Police computer database checks showed that P.K. had a warrant for his arrest. He was arrested and his vehicle was searched incident to arrest. He was ultimately charged with three counts of section 5(2) of the Controlled Drugs and Substances Act – Possession for the purposes of trafficking in cannabis resin, cocaine, methamphetamine and with possession of proceeds of crime. Ms. …

R.M. was charged with assaulting her boyfriend following a night of drinking (section 266 of the Criminal Code). Due to the comparatively minor nature of the allegations, the Crown offered to resolve the matter by way of a peacebond (ie. withdrawal of the charges so long as certain conditions are satisfied). The issue was that R.M. was at risk of losing her career if she received a peacebond or was convicted. BOTTOM LINE: Ms. Fagan successfully negotiated with the Crown …

In an odd factual scenario, H.S. was charged with assaulting her husband and he in turn was charged with assaulting her. H.S. unequivocally asserted her innocence. She was charged under section 266 of the Criminal Code. Ms. Fagan was prepared to enter a plea of ‘not guilty’ and schedule a trial date. Before doing so she spoke with the Crown, and was successful in getting him to agree to withdraw the charge against her client BOTTOM LINE: The charge against …

F.M. was represented by other counsel at trial (i.e. NOT Ms. Fagan or anyone from her firm). Following trial he was convicted of three counts of trafficking cocaine and three counts of possession of proceeds of crime. He was sentenced to 2.5 years in prison. He retained Ms. Fagan for the purpose of providing an opinion as to the merits of the appeal and to make an application for bail pending appeal (notoriously difficult to obtain in this jurisdiction). Extensive …

C.A. was charged with refusing to provide a breath sample and impaired driving. Just after 2:00am a civilian witness saw the vehicle driven by A.C. lose control and run into a power pole in the downtown core going approximately 60 km/ hour. The vehicle was described as driving up the pole and then doing a 180 turn. The powerlines were knocked to the ground. Police, EMS and fire were dispatched. When the police arrived on scene they asked C.A. what …

Police received a call from concerned family members that M.R. was going to commit suicide or otherwise harm himself and that he was in possession of several firearms. The police attended at his residence and endeavored to gain consensual access without any luck. The ultimately deployed tear gas and conducted a forced entry, locating M.R. and several firearms (which were all lawfully owned and stored). The Crown brought an application to have all the firearms forfeited. It argued that it …

Police received a report of “road rage” complaining of a driver who waived a handgun and threatened another motorist. Police obtained a description of the driver and the vehicle and located a vehicle matching the same description. Police cornered the vehicle and drew their firearms, demanding that the driver exit his vehicle. The driver rolled up his windows and did not exit the vehicle for several minutes. Once he exited he was arrested and the vehicle was searched. Police discovered …

M.E. was pulled over driving a vehicle on the highway outside of Didsbury as a consequence of a burnt out tail light. The police ran his information through a computer database and discovered that there was a warrant out for his arrest. They arrested him. As no one (the driver nor the passenger, a 16 year old girl) could produce insurance or registration for the vehicle, it was towed. The police conducted an inventory search of the vehicle prior to …

B.M. was charged with a number of serious offences arising from allegations that he had broken into a Mount Royal Professor’s home (a woman in her 60s) and beat her so severely that both her hands were broken. He was charged with a number of offences including two counts of s. 348(1)(b), break and enter with intent to commit an indictable offence. B.M. was a student at Mount Royal in his last semester of study. B.M. received notification from the …

The police received information from a confidential informant that S.P. was transporting large amounts of high quality marijuana from British Columbia to Alberta and Saskatchewan. Police investigated the tip by locating S.P. and putting a tracking device on a rental vehicle she had been known to use. Police also conducted a “garbage pull” where they found evidence of marijuana in her discarded trash. Weeks into the investigation police tracked S.P.’s rental vehicle from Calgary to interior BC. After a brief …

The police initiated an investigation as a result of information received by the police from a confidential source that M.J. was dealing cocaine. After several weeks of surveillance the police believed they had observed multiple drug transactions involving two people, M.J. and a second person, O.M.. Police ultimately executed search warrants at the residence of both M.J. and O.M.. In the residence thought to be M.J.’s the police found two handguns with ammunition and a significant amount of cocaine (crack …

P.J. was charged in Chestemere with a number of charges relating to the alleged discharge of a firearm at a house party. Witnesses claimed that P.J. had been showing off a handgun and then had left the house following an altercation. Witnesses then claimed that P.J. then returned and discharged his firearm at a group outside the house multiple times. Bullets were found lodged in vehicles and homes in the residential neighborhood. P.J. was apprehended by police and charged with …

The police alleged that S.K. was crossing the border from the USA to Canada in a transport truck containing drugs. S.K. told Canada Border Service Agents (CBSA) that he was transporting fruit from California to Costco in Alberta. CBSA searched the truck and located 17 kilograms (over 37 pounds) of what they believed to be cocaine. S.K. was arrested and charged with importation of cocaine and possession of cocaine, both of which carry up to a life sentence. S.K. retained …

I.A. was under police surveillance after they received confidential source information that he was selling fentanyl and cocaine. Police observed I.A. engage in what they believed to be two “hand-to-hand” drug transactions and then followed him as he drove away from the scene. Police observed I.A. speeding down Deerfoot trail and periodically opening his car door to vomit. The police conducted a traffic stop of the vehicle and ultimately formed the grounds to arrest I.A. and search the vehicle. In …

Police received information that A.J. was trafficking in cocaine. On the basis of that information they began investigating A.J. and conducting extensive surveillance on him. They were able to identify his residence using police records, and observed the individual they believed to be A.J. entering and exiting the house on several occasions. They also observed him in meets of short duration including several “hand to hand transactions”. The police ultimately sought a search warrant for the residence. When the police …

911 dispatchers received a call from a woman screaming that her son and husband had been stabbed to death. Police, EMS and Calgary Fire arrived to confront a nightmarish scene. Three men were found with multiple stab wounds in the basement of a residential home, one partially disembowelled. Two of the men were deceased, one (the accused) was alive but suffered significant injuries. Witnesses told the police that the accused was the aggressor and he was arrested and charged with …

A.S. faced a multitude of charges and was out on bail on several matters. In June, 2017 he was arrested following a lengthy undercover investigation. Police alleged that A.S. had sold cocaine to a police officer on 6 different occasions. The police obtained a search warrant and seized a loaded firearm, 91 grams of cocaine and 58 fentanyl tabs from a residence associated to A.S. When A.S. was arrested he was allegedly holding a bag containing 65.4 grams of crack …

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 …