R. v. X.X. – 3261

Allegation:

X.X. was charged with assault under section 266 of the Criminal Code following an altercation at a well-known casino in downtown Calgary. According to the Crown, X.X. had been banned from the property since 2016 under the Trespass to Premises Act and was previously known to casino security. On the date in question, security staff alleged that X.X. returned to the casino, entered the high-limit area, and became verbally aggressive with staff when approached.

When asked to leave, X.X. was said to have refused. Security reports alleged that he was physically non-compliant, resisted removal, and headbutted one of the security supervisors during the struggle. Police attended shortly afterward and reviewed internal CCTV footage. Based on the statements provided by casino staff and surveillance footage, the Crown authorized a criminal charge of assault causing bodily harm. The Crown’s theory was that X.X., as a previously barred patron, had returned to the premises knowingly, escalated the conflict, and committed an unprovoked act of violence against staff performing their duties.

Allegations involving physical altercations at licensed establishments—especially where surveillance footage and multiple security witnesses are involved—are often treated seriously by Crown prosecutors. A conviction for assault can carry a criminal record, mandatory DNA orders, travel restrictions, and in some cases, jail.

Result:

Devlin Gavigan was successful—charges withdrawn. No conviction was entered.