- Type of Charges: Assault with a weapon (bearspray/mace)
- Result: Win. No Criminal record
- Win identifier number: 8241
- Lawyer: Sean Fagan
- Location: Calgary, AB
- Date: 2022
The police were dispatched to a report of an ongoing physical altercation involving multiple males in the parking lot of a fast-food restaurant. Upon arriving at the scene, the police found two victims in the parking lot and were informed that the offender had fled the scene, but was known to the victim and some of the witnesses present.
The police were informed that video footage of the incident and the vehicle involved was captured by a witness. The officer reviewed the footage and transmitted the information to the rest of the units via Dispatch. The police requested CCTV footage available at the fast food restaurant and waited to observe the footage before proceeding with the investigation.
After obtaining the CCTV footage, the police observed multiple vehicles in the parking lot and drive-through area. The complainant was seen exiting a vehicle and approaching X.X., pushing him with both arms to the front of the chest, causing him to stumble a few feet backward. X.X. then pulled out a can from his pocket with his right hand, which appeared to be bear spray, and pointed it directly at the complainant’s face, discharging the contents.
The complainant was sprayed in the face before X.X. placed the can back in his right side front pocket and followed the complainant while he attempted to get away. X.X. then pushed the complainant in the back, leading to a fistfight with multiple blows exchanged between the two until the manager of the restaurant came out to break up the fight.
The incident between the two males caused a disruption of normal business activities and required EMS to attend to the victim and bystanders who had difficulty breathing and were unable to open their eyes due to the bear spray used in close proximity to the restaurant and parking lot area.
X.X. was charged with assault with a weapon. Prior to trial, Sean Fagan was successful at resolving the matter without the entry of a criminal conviction. Sparing X.X. the cost and risk associated with trial proceedings and a criminal record.
The term “weapon” is broadly defined in the Criminal Code and can include a wide range of items that are not necessarily designed as weapons but are capable of causing harm or injury.
Under section 2 of the Criminal Code, a weapon is defined as “anything used, designed to be used or intended for use in causing death or injury to any person, or for the purpose of threatening or intimidating any person.”
This definition includes obvious weapons such as firearms, knives, and other sharp objects, as well as more unconventional items such as a rock, a stick, or a broken bottle. The Crown must show that the object in question was used, intended for use, or designed for use in causing death or injury, or for the purpose of threatening or intimidating another person.
It’s important to note that the weapon does not have to be a lethal weapon or even a weapon that causes serious injury. Any item that is capable of causing harm or injury can be considered a weapon if it is used or intended to be used in that way.