R. v. M.J. [Court of Queen’s Bench of Alberta, Calgary, December 2017]

After a lengthy investigation the police executed a search warrant on an apartment locating a significant amount of cocaine and two handguns. M.J. was facing serious jail time. His co-accused, who was facing less serious charges, pleaded guilty the week before trial and received two years of house arrest. M.J. proceeding to tria. Over the course of a week and a half trial, Ms. Fagan challenged the validity of the warrant and ultimately ended securing ‘not guilty’ verdicts on all charges against her client.

R. v. W.D. [Provincial Court, Calgary, June 2017]

W.D. was charged in a complex fraud investigation which was scheduled for a lengthy trial. 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. Following pre-trial applications the Crown very generously offered D.W. a conditional sentence order (i.e. house arrest, no jail) if he agreed to plead guilty. Ms. Fagan presented the resolution option to her D.W. along with a second option that they “go for broke” and argue that the Crown had failed to meet their disclosure obligations and therefore violated his section 7 Charter right to make full answer and defence. W.D. chose the second option. Ultimately, all charges against W.D. were stayed (i.e. withdrawn).

R. v. H.B. [Provincial Court, Canmore, August 2014 – June 2015]

H.B. was charged with assaulting three former girlfriends over the course of several years. The allegations were similar in nature – all three women told the police that they had been involved in a romantic relationship with H.B. and that he had become violent towards them. The assaults alleged including kicking, choking, punching etc. Amongst the multiple assault charges were a handful of other charges including breaches of court orders, criminal harassment and break and enter with the intent to commit an indictable offense. H.B. was at risk of losing his job if a criminal record was imposed. In total Ms. Fagan scheduled three trials dates in 10 months to deal with a total of 13 charges. At the end of the day, Ms. Fagan ensured that her client had no criminal record relating to any of the charges he had retained her to defend.

R. v. C.J. [Provincial Court, Calgary, December 2014]

C.J. was charged with causing death by criminal negligence and failing to provide the necessities of life as a result of the death of an infant in his care. Ms. Fagan secured his release on bail on reasonable terms.

R. v. A.V. [Provincial Court, March 2014]

A.V. was charged with dangerous driving, impaired driving and operation of a motor vehicle while his blood alcohol level exceeded the legal limit. A.V. was alleged to have driven his vehicle down the wrong side of the Trans Canada, narrowly missing a police vehicle. He provided a full confession and had blood alcohol readings in excess of three times the legal limit. At the end of a hard fought trial Ms. Fagan secured “not guilty” verdicts on all charges.

R. v. K.R. [Court of Queen’s Bench, Calgary, February 2014]

K.R. was charged with possession of cocaine for the purpose of trafficking and possession of proceeds of crime. He was arrested in his home where over 60 grams of cocaine and approximately $30,000.00 were allegedly located pursuant to a search warrant. Ms. Fagan (facing two experienced Crown Prosecutors) secured verdicts of “not guilty” on both charges at the conclusion of a complex 5 day Queen’s Bench trial.

R. v. A.H. [Calgary Provincial Court, June 2013]

This was the largest heroin importation seizure in the history of Alberta. The allegations were that A.H. had travelled from South Africa to Calgary with over 12 kilograms of heroin in two suitcases with false bottoms. He was arrested at the airport allegedly holding the suitcases. A.H. was a refugee and resided in Toronto with no ties to Calgary or Alberta. According to police the heroin had an estimated street value of 3 million dollars. The Crown was vehemently opposed to A.H.’s release on all three grounds (primary, secondary and tertiary). At the conclusion of a 2 day bail hearing Ms. Fagan secured the release of A.H. on bail conditions.

R. v. C.J. [Calgary Provincial Court, February 2012]

“The Tainted Ecstasy Case” – Client charged with two counts of possession for the purpose of trafficking (ecstasy); ten counts of trafficking (ecstasy) and several proceeds of crime and weapons charges. The ecstasy seized was tested and determined to have been cut with the lethal compound “PMMA” that had been linked to ten deaths in the city of Calgary. As a result, this file received extensive coverage in the media and was “front page news”. The Crown vehemently opposed the release of C.J. and his co-accused. Ms. Fagan was able to secure C.J.’s judicial interim release (i.e. bail) within 48 hours of his arrest.

• • Calgary Herald: “Ecstasy Suspect makes Bail“
  • Calgary Herald: Calgary man charged with selling tainted ecstasy released on bail
  • The Vancouver Sun: Suspect in tainted ecstasy case released on $30,000 bail
  • Calgary Sun: “Accused Ecstasy Dealer Granted Bail“

Regina v. L.A. [Calgary Provincial Court, February 2012]

Client was charged with possession for the purpose of trafficking, production and possession of proceeds of crime. He was the subject of an extensive inter-provincial undercover investigation that culminated in his arrest. He allegedly had 8 kilograms of cocaine in his possession. Ms. Fagan secured his release within 48 hours of his arrest.

• • Calgary Herald: “Calgary Man faces charges after $400,000 cocaine bust” (Feb 29, 2012)
  • 660 News: “Major Cocaine Seizure” (Feb 29th 2012)
  • CTV.ca: “Police make big Cocaine Bust” (Feb 29 2012)