Notable Cases

Regina v. C.R.S. [Provincial Court of Alberta, Calgary – June 2017]

C.R.S. was charged with 26 criminal offences relating to the seizure of $150,000 of stolen property, illegal firearms, and drugs, including fentanyl – all very serious offences that carry lengthy periods of incarceration. Prior to the trial date, Sean Fagan convinced the Crown of the strength of the defence’s position, and the Crown entered a stay of proceedings on all charges.

Regina v. K. K. J. [Provincial Court of Alberta, Calgary – July 2017]

K.K.J. was pulled over by the Calgary Police Service because the vehicle he was driving had a stolen license plate. The police, perhaps out of an abundance of caution, detained K.K.J. at gun point. K.K.J. was charged with possession of stolen property as well as multiple Criminal Code offences for failing to appear in court. Sean Fagan successfully resolved this matter by way of the complete withdrawal of all criminal charges and a plea to a traffic ticket.

Regina v. R.C.H. [Provincial Court of Alberta, Calgary – July 2017]

R.C.H. was charged with impaired driving and driving with a blood alcohol contact over .08. He was pulled over for a traffic violation because the police suspected that R.C.H. was impaired by alcohol. The police demanded that R.C.H. supply a sample of his breath into the roadside screening device, and R.C.H. complied. As a consequence of the cold weather, the roadside screening device was not working properly and repeatedly produced error messages. By the time the police had another roadside screening device delivered to the scene, it was too late: the delay at roadside resulted in a violation of R.C.H.’s constitutionally protected Charter rights. Sean Fagan filed an application alleging breaches of R.C.H.’s Charter right not to be arbitrarily detained and his right to be free from unreasonable search or seizure. The Crown conceded the strength of Sean Fagan’s position and stayed all charges against R.C.H. prior to trial.

Regina v. A.A.K. [Provincial Court of Alberta, Calgary – July 2017]

A.A.K. was charged with a multitude of fraud and theft offences as a result of the sale of a motor vehicle. A.A.K. allegedly fraudulently misrepresented the status and condition of the vehicle. The matter proceeded to a preliminary inquiry, where Sean Fagan effectively challenged the credibility of key witnesses, and uncovered potential wrongdoing on behalf of the supposed victim. Prior to trial, Sean Fagan caused all charges to be withdrawn.

Regina v. C.D.L. [Provincial Court of Alberta, Calgary – May 2017]

C.D.L. was charged with a multitude of violent offences as a result of allegedly choking a friend. The Court takes choking cases very seriously, and sentences are often a period of incarceration. The matter was successfully resolved before trial by way of the withdrawal of all charges.

Regina v. A.A.S. [Provincial Court of Alberta, Calgary – May 2017]

A.A.S. was on release for dangerous driving charges relating to a car chase between A.A.S. and undercover police surveillance units. A.A.S. was caught violating his release conditions and charged with breach of a release order. Sean Fagan successfully resolved the matter by way of the complete withdrawal of the charge.

Regina v. R.A.K. [Provincial Court of Alberta, Calgary – April 2017]

R.A.K. was charged with assault stemming from a domestic situation. As is often the case in cases of this nature, when tempers are raised, the complaints to the police were less than truthful. Unlike American television, in Canada only the Crown may decide to halt a prosecution; the complainant has no ability to stop the process once the authorities are involved. As in many cases of this nature, the complainant did not want to proceed with the charges, but the prosecution insisted. Ultimately, Sean Fagan successfully resolved this matter by way of the withdrawal of all charges prior to trial.

Regina v. L.C.R. [Provincial Court of Alberta, Calgary – April 2017]

L.C.R. was pulled over for a traffic violation and told that he had an outstanding warrant for a failure to appear in Court over a decade prior. L.C.R. was completely unaware that he’d ever missed a court appearance, or that he had a warrant out for his arrest. At this point, L.C.R. had a family and a career, and the last thing he needed was a criminal record. Sean Fagan successfully resolved this matter by way of the complete withdrawal of all charges.

Regina v. S.R.T. [Provincial Court of Alberta, Calgary – April 2017]

S.R.T. was seated in the driver’s seat of his vehicle, which was parked on his front lawn; he was causing a disturbance by yelling and playing loud music. Not surprisingly, the neighbours took notice and called the police to report a possible impaired driver. The police arrived on scene and found S.R.T. in the driver’s seat of his vehicle next to a half-empty bottle of vodka. S.R.T. was asked to step out of the vehicle. S.R.T. complied. As he was exiting his vehicle, he lost his footing and fell to the ground at the feet of the investigating officers. The police arrested S.R.T. for impaired driving. At trial, Sean Fagan successfully challenged the testimony of the primary investigating officer, and caused many of the indicia of impairment that the officers observed to be excluded. The judge returned a verdict of not guilty.

Regina v. J.R.N. [Provincial Court of Alberta, Calgary – April 2017]

J.R.N. was charged with assault with a weapon, to wit a baseball bat, and uttering threats to his son and his son’s friend. As is often the case in cases of this nature, there were competing versions of events. Sean Fagan successfully resolved this matter prior to trial by way of the withdrawal of all charges.

Regina v. I.C.G. [Provincial Court of Alberta, Calgary – March 2017]

I.C.G. was intoxicated and causing a disturbance at a local restaurant. The police were called and found I.C.G. in the parking lot. The police, in fairness, repeatedly told I.C.G. to get in a taxi and go home. I.C.G. did not listen. The police then arrested I.C.G. on outstanding warrants and transported him back to the police station. Upon arrival, I.C.G. became belligerent, and he struggled with the police as they removed him from the vehicle. I.C.G. then spit in the police officers’ faces multiple times. I.C.G. was charged with assaulting a peace officer. The Courts treat cases involving spitting very seriously because there is risk of transmitting diseases; consequently, periods of incarceration are the norm. Sean Fagan successfully resolved this matter by way of a conditional discharge, sparing I.C.G. a conviction on his criminal record.

Regina v. C.R.S. [Provincial Court of Alberta, Calgary – March 2017]

The police attended a residence as a result of a 911 call, which claimed that someone had been attacked by a machete in the backyard. C.R.S. was charged with assault with a weapon and uttering threats as a result of an alleged machete fight. Pleas of not guilty were entered and a trial date was set. On the day of trial, Sean Fagan successfully resolved the matter by way of the dismissal of all charges.

Regina v. R.M.M. [Provincial Court of Alberta, Calgary – March 2017]

An explosion and fire occurred at R.M.M.’s residence during the night. The house was occupied by five other people, but only R.M.M. received injuries. The fire department searched the residence, found items consistent with the manufacturing of drugs, and called the Calgary Police Service drug lab unit. The police arrived and searched the residence prior to obtaining a warrant. They determined that the explosion and the fire that followed was caused by the manufacturing of drugs. After searching the residence, the police obtained and executed a search warrant on the house, then searched it a second time. Numerous controlled substances and drug manufacturing devices were seized. Once R.M.M. was released from the hospital, he was charged with manufacturing and possession of a controlled substance, as well as arson. Sean Fagan brought a novel application challenging the validity of the warrant to search the residence. Prior to trial, the Crown conceded the strength of Sean Fagan’s argument and agreed to resolve the matter by way of a plea to simple possession, sparing R.M.M. a lengthy period of incarceration.

Regina v. I.L.D. [Provincial Court of Alberta, Calgary – February 2017]

I.L.D. was on his way to work when he suffered a seizure, causing him to speed through a playground zone and rear-end a minivan with multiple occupants, including two puppies. Thankfully, all members of the vehicle were unhurt; however, the puppies were not so fortunate. A multitude of civilian witnesses observed the crash, and all confirmed that I.L.D. was speeding through the playground zone and did not even apply his brakes before driving into the back of the minivan. I.L.D. was charged with the criminal offence of dangerous driving. Sean Fagan successfully established that the crash was caused by an acute seizure, and resolved the matter by way of the withdrawal of the criminal charge and a plea to a traffic ticket.

Regina v. Z.D.N. [Provincial Court of Alberta, Calgary – February 2017]

Z.D.N. was parked in the alley behind a friend’s apartment; someone called the police and reported his vehicle as suspicious. The police attended the scene and detained Z.D.N., who was in the driver’s seat. The officers detected the smell of alcohol emanating from the vehicle and demanded that Z.D.N. immediately provide a sample of his breath into the roadside screening device. Unfortunately for Z.D.N., he was unable to provide an adequate sample because of a medical condition. As is often the case, the officer was unwilling to believe Z.D.N.’s reasons and charged him with the criminal offence of failing to comply with a breath demand, which typically carries the same penalty as impaired driving, including a minimum 1-year driving prohibition. These cases are Charter intensive: applications are often brought to exclude evidence as a consequence of the violation of one or more of a person’s constitutionally protected rights. This case was no different. Sean Fagan brought an application to exclude the “refusal to provide a sample” as a consequence of the violation of Z.D.N.’s right to be secure against unreasonable search or seizure. Through cross-examination of the primary investigating officer, Sean Fagan successfully established that the search was unlawful; consequently, the evidence was excluded, and the verdict was not guilty.

Regina v. P.N.S. [Provincial Court of Alberta, Calgary – February 2017]

P.N.S. was responsible for making cash deposits for her employer. P.N.S. was going through financial difficulty, and as a result, P.N.S. kept some of the cash she was supposed to deposit. The feeling of guilt ended up being too much for P.N.S. to bear, and she turned herself into her employer shortly after. P.N.S. was charged with theft over $5,000. This was a traditional “trust theft”, where jail is almost always the inevitable result of a finding of guilt. Sean Fagan successfully resolved the matter by way of a conditional discharge, a sentence that is only granted in extraordinary circumstances for this type of crime.

P.N.S. was responsible for making cash deposits for her employer. P.N.S. was going through financial difficulty, and as a result, P.N.S. kept some of the cash she was supposed to deposit. The feeling of guilt ended up being too much for P.N.S. to bear, and she turned herself into her employer shortly after. P.N.S. was charged with theft over $5,000. This was a traditional “trust theft”, where jail is almost always the inevitable result of a finding of guilt. Sean Fagan successfully resolved the matter by way of a conditional discharge, a sentence that is only granted in extraordinary circumstances for this type of crime.

Regina v. S.S.C. [Provincial Court of Alberta, Calgary – February 2017]

S.S.C. was involved in a collision with another motor vehicle. The police were called and attended to S.S.C., who was still positioned in the driver’s seat of the vehicle. The officer observed indicia of impairment and demanded that S.S.C. comply with the Standard Field Sobriety Test (S.F.S.T.). The S.F.S.T. is a battery of physical co-ordination tests that take place on the side of the road to determine if the detainee is impaired by a drug or alcohol. S.S.C. agreed to comply. S.S.C. is an elderly lady who suffers from serious medical and psychological conditions, and not surprisingly failed the tests. S.S.C. was then arrested for impaired driving and directed to comply with a battery of other physical co-ordination tests at the police station. The police also seized samples of her breath and urine. After multiple appearances at trial, the matter was successfully resolved by a stay of proceedings on all charges.

Regina v. P.M.S. [Provincial Court of Alberta, Cochrane – February 2017]

An R.C.M.P. officer found P.M.S. sleeping at the wheel of a running motor vehicle outside a local drinking establishment. The officer, purportedly out of concern for P.M.S.’s safety, woke P.M.S. from his sleep. The officer identified a number of indicia of impairment and arrested P.M.S. for impaired care and control of a motor vehicle and demanded a sample of his breath.

Many people are surprised that they can be charged with impaired care and control of a motor vehicle even though they never put the vehicle in motion. Furthermore, this charge carries with it the same penalty as if you were driving.

P.M.S. ultimately refused to provide a sample of his breath when they returned to the police station. P.M.S. was charged with impaired care and control of a motor vehicle and refusal to comply with a breath demand. Not guilty pleas were entered and a trial date set. Sean Fagan brought a multitude of applications challenging the arrest, search, and unlawful assault by the police on P.M.S. All of the Charter arguments were unsuccessful. But, as can be the case, when one defence fails another presents itself. Sean Fagan raised a reasonable doubt regarding the offences charged and secured verdicts of not guilty on all counts.

Regina v. Y.K.T. [Provincial Court of Alberta, Calgary – February 2017]

In this very unusual factual scenario, Y.K.T., suffering from a mental condition and feeling immense guilt for his possession of cannabis, walked into a Calgary Police Service station with a marijuana joint in hand and asked to be arrested for unlawful possession of marijuana. To their credit, the Calgary Police Service seized the marijuana but did not wish to charge Y.K.T. However, Y.K.T. insisted. The factual matrix of this case did not lend itself to traditional defences, but Sean Fagan successfully resolved the matter by way of the withdrawal of the charge.

Regina v. Y.K.T. [Provincial Court of Alberta, Calgary – February 2017]

In this very unusual factual scenario, Y.K.T., suffering from a mental condition and feeling immense guilt for his possession of cannabis, walked into a Calgary Police Service station with a marijuana joint in hand and asked to be arrested for unlawful possession of marijuana. To their credit, the Calgary Police Service seized the marijuana but did not wish to charge Y.K.T. However, Y.K.T. insisted. The factual matrix of this case did not lend itself to traditional defences, but Sean Fagan successfully resolved the matter by way of the withdrawal of the charge.

Regina v. T. J.C. [Provincial Court of Alberta, Calgary – January 2017]

T.J.C. was charged with theft over $5,000 as a consequence of multiple fictitious debit transactions at his retail job. This was a traditional “theft from employer” case, where jail is almost always the inevitable result of a finding of guilt. This case was particularly challenging as the accused, having chosen not to exercise his right to counsel, provided a full statement to the police. Fortunately for T.J.C., the police were guilty of laches (a lack of diligence in moving a legal matter forward) in their conduct of the investigation. The police improperly filed the requisite documents for the commencement of criminal proceedings. Sean Fagan notified the Crown of his intention to bring an application for a stay of proceedings as a result of the violation of T.J.C.’s section 11(b) right to be tried within a reasonable time. The Crown conceded the strength of Sean Fagan’s argument and agreed to resolve the matter by way of a conditional discharge, which spared T.J.C. the entry of a criminal conviction.

Regina v. F.M.Z. [Provincial Court of Alberta, Calgary – January 2017]

F.M.Z. was serving a house arrest sentence as a result of pleading guilty to trafficking in cocaine. Sean Fagan was not counsel at trial. F.M.Z. was found to have repeatedly breached his house arrest sentence, and the Crown brought an application to have F.M.Z. serve the remainder of his house arrest sentence – over a year – in prison. Sean Fagan successfully opposed the Crown’s application and F.M.Z. served the remainder of his sentence on house arrest.

Regina v. A.A.G. [Provincial Court of Alberta, Calgary – December 2016]

A.A.G. was charged with theft after security observed the accused taking merchandise out of a supermarket without paying. This was not the first time A.A.G. had faced charges of this nature. As a result of the CCTV footage that is often present in retail stores, this case was particularly difficult from a defence perspective. Sean Fagan successfully caused all charges before the court to be withdrawn.

Regina v. E.K.S. [Provincial Court of Alberta, Calgary – December 2016]

E.K.S. was detained at a Checkstop on the way home from a work party. The investigating officer asked E.K.S. if she had consumed any alcohol. E.K.S., a professional who had never been in trouble with the law before, answered in an honest and forthright manner. E.K.S. told the police she had one drink, unaware that a simple admission of any alcohol consumption typically gives the police lawful authority to demand a sample of your breath on the roadside screening device. The investigating officer demanded a sample of E.K.S’s breath, and she complied. Unfortunately for E.K.S., she suffered from a serious lung condition that did not allow her to provide an adequate sample. As is often the case, the investigating officer was unwilling to believe her reasons for her inability to provide an adequate sample of her breath, and he charged her with the criminal offence of failing to comply with a breath demand. Through negotiation with the Crown, Sean Fagan successfully resolved the matter by way of the entry of a stay of proceedings.

Regina v. F.G.S. [Provincial Court of Alberta, Calgary – December 2016]

F.G.S. allegedly broke into a residence and stole jewelry, electronics, and cash. An eyewitness identified F.G.S. entering and leaving through the window of the residence. As a consequence, F.G.S. was charged with a number of offences including break and enter with intention to commit a criminal offence. Through negotiation with the Crown, Sean Fagan successfully caused all charges to be withdrawn prior to trial.

Regina v. G.F.A. [Provincial Court of Alberta, Calgary – November 2016]

G.F.A. was charged with assault stemming from a domestic situation with his estranged wife, who claimed that G.F.A. assaulted her after a dispute over the distribution of property. As is often the case in domestic disputes, the first person to call the police is treated as the victim, irrespective of the facts. The police are quick to lay charges, and leave the truth-finding process up to the courts. Sean Fagan successfully resolved this matter by way of the withdrawal of all charges.

Regina v. K.T.H. [Provincial Court of Alberta, Calgary – October 2016]

K.T.H. purportedly dumped paint all over an ex-partner’s motor vehicle, and was consequently charged with mischief to property. Sean Fagan successfully resolved the matter by way of the complete withdrawal of the charge.

Regina v. K.T.H. [Provincial Court of Alberta, Calgary – October 2016]

K.T.H. purportedly dumped paint all over an ex-partner’s motor vehicle, and was consequently charged with mischief to property. Sean Fagan successfully resolved the matter by way of the complete withdrawal of the charge.

Regina v. H.K. [Provincial Court of Alberta, Calgary – October 2016]

H.K. was on bail for multiple charges relating to two separate prosecutions for trafficking in heroin, cocaine, and fentanyl. One of the conditions of H.K’s release was that he abide by a curfew. Calgary Police Service conducted a curfew check on H.K’s residence and determined that he was in violation of two conditions of his release.  The Calgary Police subsequently arrested H.K.

Because H.K. had purportedly breached his bail conditions before, and was facing two very serious drug prosecutions, the Crown was vehemently opposed to his release, which made securing H.K’s release particularly difficult. Sean Fagan secured H.K’s release on reasonable terms the same day.

Regina v. J.S. [Provincial Court of Alberta, Lethbridge– October 2016]

J.S. faced charges of impaired driving and refusing to provide a breath sample without a reasonable excuse. The police observed J.S driving in a manner that led the police to believe J.S. was impaired.  The police arrested J.S. and demanded that he provide a sample of his breath.  Upon the advice of his lawyer at the time, J.S declined to provide a sample of his breath.  Unfortunately, the state of the law at the time was such that even though J. S’s lawyer advised him not to provide a sample, this was not a reasonable excuse.  Sean Fagan scheduled the matter for trial, filed a Charter notice alleging breaches of J.S.’s right not to be arbitrarily detained and his right to be free from unreasonable search and seizure. On the day of trial, the Crown conceded the strength of Sean Fagan’s position and withdrew all charges against J.S.

Regina v. A.Z. [Provincial Court of Alberta, Calgary– October 2016]

A.Z. and his son faced a charge of assault causing bodily harm.  A.Z., an elderly African gentleman, and his son were driving downtown Calgary when they got into an argument with an individual riding his skateboard through a crosswalk. The skateboarder claimed that A.Z. and his son got out of their vehicle and attacked him.  Repeatedly punching him in the head causing a broken orbital bone.

Through investigation, Sean Fagan discovered that the complainant had a history of violence and racist tendencies. At trial, through cross-examination of the complainant, his anger and volatile nature was exposed.  The complainant couldn’t control his anger in the Courtroom, which discredited his version of events. The Crown wisely entered a stay of proceedings, effectively killing the prosecution against A.Z. and his son. The positive outcome in this matter was particularly important given that A.Z. would have lost his job position, which he had held for the past 30 years.

Regina v. R.S. [Provincial Court of Alberta, Cochrane– October 2016]

R.S. faced a multitude of charges involving theft from his employer; serious charges that if convicted, typically result in a period of incarceration for first-time offenders. R.S. was alleged to have accumulated parts and tools from his employer over the course of his employment.  Moreover, R.S. was purported to have collected money personally that was owed to his employer. Sean Fagan successfully resolved this matter by the complete withdrawal of all charges.

Regina v. D.T. [Provincial Court of Alberta– October 2016]

D.T. was charged with sexual assault on his 4-year-old daughter, an offence that if convicted, carries a minimum punishment of 1-year imprisonment. D.T vehemently denied all of the allegations.

As it turned out, D.T. and his wife were in the midst of separation proceedings and still living in the same house. It was Sean Fagan’s belief that D.T.’s wife wanted D.T. out of the house because the separation proceedings were taking too long, so she fabricated the accusations against D.T.  The complaint was unsubstantiated by any evidence. After discussion with the Crown, they withdrew all charges.

Regina v. K.F. [Provincial Court of Alberta, Calgary – October 2016]

K.F. was charged with one count of assault.  K.F. was a patron at a drinking establishment located on the “Red Mile” in Calgary. K.F was purported to be intoxicated and to have sucker punched the bouncer working security. The Police happened to be nearby and observed the aftermath of the purported assault.  The Police chased K.F. and subsequently arrested him.  The entire incident was caught on security camera. K.F did not have a criminal record making a positive outcome very important to him.  Sean Fagan was successful at resolving this matter through the complete withdrawal of all charges against K.F.

Regina v. P.U. [Provincial Court of Alberta, Cochrane – September 2016]

P.U. was charged with two counts of possession of a controlled substance and two weapons-related charges.  P.U. was the passenger in a vehicle that was stopped at an Alberta Check-stop. The police officers purportedly smelled fresh marijuana from the vehicle and completed a search of the driver, P.U., and the vehicle.  The police discovered marijuana, marijuana resin, and two weapons. P.U. did what many young men do, and “took the heat” for the contraband that was discovered, in hopes that the driver (his girlfriend) would not be charged. Prior to trial, Sean Faganfiled a Charter notice alleging breaches of P.U.’s right not to be arbitrarily detained and his right to be free from unreasonable search and seizure. The Crown conceded the strength of Sean Fagan’s Charter argument and stayed all charges against P.U.

Regina v. S.T [Provincial Court of Alberta, Calgary – September 2016]

S.T. was charged with assault upon his girlfriend. S.T. and his girlfriend got into an argument after a long day of drinking at a local pub. As is often the case in cases of this nature, the first person to call the police has their version of events believed by the police.  S.T. was alleged to have pushed his girlfriend and shoved her head into the floor. Prior to trial, Sean Fagan was successful at having this matter resolved by way of the complete withdrawal of the charge.

Regina v. R.S. [Provincial Court of Alberta, Canmore – August 2016]

R.S. was charged with dangerous driving, refusal to comply with the standard field sobriety test and possession of marijuana. R.S. was purported to have engaged in road rage with another driver.  Unfortunately for R.S. the other driver happened to be an RCMP officer driving a civilian vehicle. The officer followed R.S. as he purportedly engaged in dangerous driving behavior.  The off-duty officer contacted the local RCMP to perform a traffic stop on R.S.

When the on-duty RCMP officers caught up to R.S., they executed a traffic stop.  The R.C.M.P officers purportedly observed the smell of marijuana emanating from the vehicle. The officer believed that R.S. was driving while impaired and demanded that R.S. comply with standard field sobriety test.  R.S. purportedly refused to comply with the test and was arrested.  The R.C.M.P searched his vehicle and found marijuana. Sean Fagan was successful at resolving this matter by the complete withdrawal of the driving charges and the drug charge.

Regina v. K.Q. [Provincial Court of Alberta, Calgary – August 2016]

K.Q. was facing two separate drug trafficking prosecutions.  K.Q. was on bail and subject to multiple conditions, one of which required K.Q. to abide by a curfew and not to possess more than one cellular phone. Calgary Police Service did a curfew check on K.Q. and determined that he was not home.  As they were leaving the residence, they observed K.Q. and arrested him for breach of his bail conditions.  K.Q. was searched and was found to be in possession of two cellular phones.  K.Q. was charged with 4 different criminal offences. Because K.Q. had purportedly breached his bail conditions before, it made securing his release particularly difficult. Sean Fagan secured K.Q.’s release on reasonable terms the same day. On the day of trial, the Crown conceded the strength of Sean Fagan’s position and withdrew all charges.

Regina v. J.K. [Provincial Court of Alberta, Calgary – July 2016]

J.K. was facing two separate drug trafficking prosecutions.

• First prosecution

The police executed a traffic stop on J.K’s vehicle for driving with a license plate registered to a prohibited driver. J.K. was arrested for outstanding warrants, and the vehicle was searched.  26.8 grams of crack cocaine and 4.4 grams of powdered cocaine were discovered in the vehicle.

• Second prosecution

The police executed a traffic stop on J.K.’s vehicle for driving with a stolen license plate.  J.K. was arrested for being in possession of stolen property, and his vehicle was searched.  The police discovered a substantial amount of methamphetamines – 120 grams of meth with a purported street value of $12000.   J.K. was charged with a multitude of offences including possession for the purpose of trafficking, proceeds of crime, and possession of stolen property.

Sean Fagan was successful at resolving both matter by way of a guilty plea to simple possession and a fine.

Regina v. G.R. [Provincial Court of Alberta, Calgary – July 2016]

G.R. was charged with possession of marijuana and crack cocaine.  Members of the Calgary Police Service attended a residential neighborhood in relation to a “check on welfare” complaint.  As. G.R. was driving his vehicle through the neighborhood, the police officer deemed that his vehicle was suspicious and stopped it.  Upon engaging G.R. in conversation, the police purportedly observed the scent of marijuana and arrested the occupants of the vehicle.  The police searched J.B’s person and the vehicle. The police discovered marijuana and crack cocaine.  Sean Faganfiled a Charter notice alleging breaches of G.R.’s right not to be arbitrarily detained and his right to be free from unreasonable search and seizure. The Crown conceded the strength of Sean Fagan’s position which ultimately resulted in resolving this matter by the complete withdrawal of all charges.

Regina v. J.B. [Provincial Court of Alberta, Airdrie – June 2016]

J.B. was charged with possession for the purpose of trafficking.  J.B. was alleged to have sold drugs out of a house in small town Alberta.  The reputation of the house led the citizens of the community to commence an investigation into the conduct of the residents.  Their investigation ultimately resulted in the police commencing their own investigation.  The police investigated the house, its occupants, and ultimately executed a warrant on the house. Marijuana was found throughout the house, and J.B. was the only person present in the house when the warrant was executed. On the day of trial, the Crown conceded the strength of Sean Fagan’s position and withdrew all charges.

Regina v. D.F. [Provincial Court of Alberta, Calgary – June 2016]

D.F. was charged with assault and uttering threats.  These charges were particularly aggravating because they were purported to be racially motivated. D.F. and another individual were alleged to have assaulted a visible minority on the Calgary transit system.  The situation was captured by no less than ten security cameras, which made this prosecution particularly challenging. Sean Fagan filed a Charter notice alleging breaches of D.F.’s right not to be arbitrarily detained and his right to counsel. The Crown conceded the strength of Sean Fagan’s position and offered a resolution which resulted in the withdrew of all charges against D.F.

Regina v. D.B. [Provincial Court of Alberta, Calgary – June 2016]

D.B. was charged with theft.  D.B. was purported to have walked out of a grocery store with $160 worth of meat without paying. Sean Fagan was successful at having this matter resolved by way of the complete withdrawal of the charge.

Regina v. A.P. [Court of Queen’s Bench of Alberta, Calgary – May 2016]

A.P. was convicted of dangerous driving for a pattern of adverse driving behaviour between downtown Calgary, and Deerfoot trail south. Sean Fagan was not counsel at trial.  A.P. was sentenced to a conditional discharge – a period of probation which, if complied with, would lead to no criminal conviction being entered on A.P’s record. A conditional discharge is typically not granted for a crime of this nature.  The Crown believed the sentence was unfit as the Crown initially asked for a period of jail time. The Crown appealed the sentence and Sean Fagan was counsel for A.P. at appeal.  Sean Fagan was successful at opposing the Crown’s appeal and upholding the sentence imposed by the trial judge.

Regina v. R.D. [Provincial Court of Alberta, Calgary – April 2016]

R.D. was charged with criminal harassment and 14 counts of breach of Court orders.  R.D. was alleged to have criminally harassed his ex-girlfriend and breached Court orders to not contact his ex-girlfriend. Because R.D. was alleged to have repeatedly failed to abide by Court orders, the Crown was initially vehemently opposed to his release, which made securing his release particularly difficult. Sean Fagan secured R.D.’s release on reasonable conditions.

Regina v. C.S. [Provincial Court of Alberta, Calgary – March 2016]

C.S. was subject to a bail order from charges of possession for the purpose of trafficking.  C.S. was charged with a multitude of breaches of this bail order. On the day of trial, the Crown conceded the strength of Sean Fagan’s position and withdrew all charges.

Regina v. K.J. [Provincial Court of Alberta, Calgary – February 2016]

Calgary Police Service arrested K.J. as a result of a traffic stop.  A substantial amount of suspected methamphetamine was found in the vehicle, and K.J. was charged with possession for the purpose of trafficking.  K.J. was already on bail for trafficking cocaine charges, and the Police were vehemently opposed to his release, which made securing his release particularly difficult.  Sean Fagan criminal lawyer secured K. J’s release on reasonable terms within 24 hours.

Regina v. K.I. [Provincial Court of Alberta, Strathmore – February 2016]

K.I. was involved in a motor vehicle accident.  EMS and the police arrived on scene, and K.I. was placed in an ambulance.  The police did an inventory search of K.I’s motor vehicle and discovered cocaine, a cell phone, a scale, and cash.  K.I.  was charged with possession of cocaine for the purpose of trafficking.  Sean Fagan was successful at resolving the matter by way of a guilty plea to simple possession of cocaine and a small fine.

Regina v. H.K. [Provincial Court of Alberta, Calgary – December 2015]

Calgary Police Service operating an undercover sting operation on “dial -a-dope” drug trafficking rings purchased heroin and cocaine from H.K. on a number of occasions.  H.K. was arrested, and drugs and cash were discovered.  H.K. was already on release for trafficking fentanyl charges, which made securing his release particularly challenging.  Sean Fagan secured H. K’s release on reasonable terms within 24 hours.

Regina v. J.S. [Provincial Court of Alberta, December 2015]

J.S. was alleged to have been involved in an altercation with an individual over a parking dispute.  This altercation led to J.S. allegedly entering the complainant’s business, destroying property, and assaulting and threatening the complainant.  Consequently, J.S. was charged with Robbery, Extortion, and Mischief.  Sean Fagan was successful at resolving this matter by way of the complete withdrawal of all charges prior to trial.

Regina v. R.M. [Provincial Court of Alberta, Calgary – August 2015]

Calgary Police Service executed a search warrant on a residence. Cocaine and weapons were seized from the residence and R.M. was subsequently charged with a multitude of drug and weapons offences. Sean Fagan was successful in securing R.M’s release on reasonable terms.

Regina v. G.H. [Provincial Court of Alberta, Airdrie – July 2015]

G.H. was subject to a bail order for charges related to a marijuana grow operation. G.H. was charged with breach of recognizance for failing to abide by his bail order. On the day of trial, the crown conceded the strength of Sean Fagan’s position and withdrew the charge.

Regina v. Z.W. [Provincial Court of Alberta, Drumheller – July 2015]

Z.W. was charged with impaired driving and driving over .08. An off-duty police officer observed a vehicle driven by Z.W. doing “donuts” in a busy parking lot.  Police detained Z.W. and observed empty beer cans scattered throughout the vehicle; Z.W. admitted he had been drinking alcohol. The police determined that Z.W.’s alcohol was in excess of the legal limit. Sean Faganfiled a Charter notice alleging breaches of Z.W.’s right not to be arbitrarily detained, his right to be free from unreasonable search and seizure, and his right to make full answer and defence. The Crown conceded the strength of Sean Fagan’s position and withdrew all charges against Z.W.

Regina v. J.S. [Provincial Court of Alberta, Calgary – June 2015]

J.S. was arrested and charged with mischief, intimidation by violence, and break and enter. Sean Fagan was successful in allaying the police’s concerns relating to the victim’s safety and Sean Fagan secured J.S’s release on reasonable terms within 24 hours.

Regina v. J. M. [Provincial Court of Alberta, Calgary – June 2015]

Calgary Police Service gang suppression unit arrested J.M. after the police executed a search warrant on a residence. Cocaine, money, and handguns were seized from the residence and J.M. was subsequently charged with possession for the purpose of trafficking, possession of proceeds of crime, and possession of a prohibited weapon. The nature of the weapons charges made release particularly challenging. Sean Fagan secured J.M’s release on reasonable terms within 24 hours.

Regina v. M.M. [Provincial Court of Alberta, Calgary – June 2015]

Calgary Police Service attended a house fire in October 2015. The police suspected that the fire was caused by the manufacturing of drugs. A number of children were in the residence but were removed from the house unharmed. The police obtained and ultimately executed a search warrant on the house. The police charged M.M. with a multitude of charges under the Drug Endangered Children’s Act. Sean Fagan was successful in his pre-trial application to quash the information and effectively kill the prosecution against M.M. without the risk and additional costs associated with trial proceedings.

Regina v. E.Z [Provincial Court of Alberta, Red Deer – May 2015]

E.Z. was subject to a bail order for charges related to direct sales of cocaine to undercover police officers. E.Z. was arrested in Sylvan Lake for being in breach of this bail order and providing a false name to a police officer. Early into the trial, Sean Fagan identified a fatal weakness in the Crown’s case, which resulted in a withdrawal.

Regina v R.B. [Provincial Court of Alberta, Calgary –April 2015]

R.B. was arrested on charges of possession for the purpose of trafficking, manufacturing a controlled substance, possession of proceeds of crime and possession of a prohibited weapon. As R.B. had a previous criminal record for drugs and weapons, his release was particularly challenging. Sean Fagan secured R.B’s release on reasonable terms.

Regina v. Z.M. [Provincial Court of Alberta, Calgary – January 2015]

Z.M. was subject to a bail order from charges of possessing cocaine for the purpose of trafficking. Z.M. was charged with breaching this bail order. On the day of trial, the crown conceded the strength of Sean Fagan’s position and withdrew all charges.