R. v. X.X. – 6251
Allegation:
X.X. was charged with resisting arrest and public intoxication after an encounter with police at a hotel located inside the Calgary International Airport. According to police, X.X. had been found sleeping on a couch in the mezzanine level of the hotel and was not a registered guest. Loss prevention officers claimed that when they tried to remove him, he refused to leave and insisted he was waiting for a flight. Hotel staff called police to intervene.
When uniformed officers arrived, they reported that X.X. appeared confused, smelled of alcohol, and refused multiple requests to provide identification or leave the property. Officers alleged that when they attempted to arrest him, X.X. physically resisted—pulling away, refusing to cooperate, and making it difficult for police to complete the arrest. He was escorted off the property, served with a formal trespass notice, and charged with resisting arrest under section 129 of the Criminal Code.
Resisting arrest is viewed seriously in Canadian courts, especially in public or high-security locations like airports. These charges often carry a significant risk of a criminal record and can negatively affect travel, employment, and immigration status.
Result:
Devlin Gavigan represented X.X. He was able to secure the withdrawal of all charges before the matter moved forward in court. No plea was entered. No conviction was recorded.
