R. v. X.X. – 4451

Allegation:

X.X. was charged in Calgary with a total of seven offences across three separate prosecutions. The charges included multiple counts of breaching a court order, contrary to section 145(5)(a) of the Criminal Code, and multiple counts of failing to appear for scheduled court dates, contrary to section 145(4)(b).

These are very serious allegations. Breach charges reflect a failure to comply with conditions previously ordered by a court—such as bail, probation, or release terms—and they signal to judges and prosecutors that a person may not be reliable on release. Similarly, fail-to-appear charges suggest disregard for court obligations. Having multiple prosecutions for separate breach incidents can severely damage a person’s credibility in the justice system and make future release far more difficult to secure. Charges like these look extremely damaging on a criminal record and are often punished with jail, even when no new substantive offence is alleged.

Result:

Devlin Gavigan of Sean Fagan’s office defended all three matters. He was ultimately successful in securing the full withdrawal of all charges across all dockets. No conviction was entered, no record was created, and the matter was resolved without the need for trial. X.X. walked away with a clean slate despite the accumulation of multiple court files.