R. v. X.X. – 2025 – 9941

X.X., an elderly man living in Calgary, became the subject of a police investigation after allegations surfaced that he had sexually assaulted one of his grandchildren. The case involved historic allegations said to have taken place inside a family residence. Calgary Police Service contacted X.X. and requested that he attend for a formal interview. He immediately sought legal advice and retained Sean Fagan before any statements were made.

Sexual assault charges involving children are among the most serious allegations a person can face. When the complainant is a family member—especially a grandchild—the reputational consequences are devastating, regardless of the outcome. If charged, the individual would have faced a full criminal prosecution, possible pre-trial detention, mandatory sex offender registration (SOIRA), and, if convicted, a lengthy penitentiary sentence.

Result:

Because legal counsel was engaged early—before any questioning or arrest—Mr. Fagan was able to take proactive steps, communicate directly with investigators, and ensure that X.X.’s rights were protected at every stage. After further discussion and review, Calgary Police confirmed that no charges would be laid.

This case is a clear example of why early legal advice matters. Many people wait until after they’ve spoken to police or after they’ve been charged. But the opportunity to intervene at the investigative stage can, in some cases, make the difference between being charged and walking away entirely. In this case, it did.