Regina v. F.M.Z. [Provincial Court of Alberta, Calgary – Jan 2017]

Breach of a Conditional Sentence Order after Trafficking Cocaine to an Undercover Police Officer Prior to trial, F.M.Z. pleaded guilty to section 5(1) (trafficking in cocaine) of the Controlled Drugs and Substances Act (“CDSA”). Sean Fagan was not F.M.Z’s lawyer at the trial stage. F.M.Z. was fortunate in that the date of the offences pre-dated the effective mandatory minimum periods …

Regina v. C.R.S. [Provincial Court of Alberta – June 2017] – Firearms and Drugs

Firearms offences – Drug offences – Fentanyl – The Calgary Police Service received multiple complaints from neighbours in relation to a residence in an affluent area of Calgary.  The neighbours also made multiple complaints through SCAN (Safer communities and neighbourhoods act).  The house was purported to have been frequented by unsavoury individuals who were well known to the police.  Moreover, a …

Regina v. R.M.M. [March 2017] – Arson – Manufacturing of Drugs

Section 433 of the Criminal Code of Canada – Arson – Section 7 of the Controlled Drugs and Substances Act- The Calgary Police Service and Calgary Fire Department responded late one night to a an explosion and fire at R.M.M.’s residence.  The house was occupied by five other people, but only R.M.M. received injuries. The fire department was successful at putting out the …

Regina v. H.K. [October 2016] – Arrested while on Bail

Section 145(3) of the Criminal Code of Canada – Breach of release conditions and bail H.K. was released on a recognizance (a form of bail) for multiple charges relating to two separate prosecutions for trafficking in heroin, cocaine, and fentanyl. One of the conditions of H.K’s release required that he abide by a curfew. Calgary Police Service conducted a curfew check on …

Regina v. P.U. [September 2016] – Weapons and Drugs

Alberta Checkstop – Seizure of Weapons and Drugs P.U. was the passenger in a vehicle that was being driven by his girlfriend when they were stopped at an Alberta Check-stop. The RCMP and Alberta Conservation Officers were conducting a joint operation checking drivers for sobriety and wildlife offences. The officers purportedly smelled fresh marijuana emanating from the vehicle, so they …

Regina v. K.Q. [Provincial Court of Alberta, Calgary – August 2016]

K.Q. was facing two separate drug trafficking prosecutions. K.Q. was on bail and subject to multiple conditions, one of which required K.Q. to abide by a curfew and not to possess more than one cellular phone. Calgary Police Service did a curfew check on K.Q. and determined that he was not home. As they were leaving the residence, they observed …

Regina v. G.R. [Provincial Court of Alberta, Calgary – July 2016]

G.R. was charged with possession of marijuana and crack cocaine. Members of the Calgary Police Service attended a residential neighborhood in relation to a “check on welfare” complaint. As. G.R. was driving his vehicle through the neighborhood, the police officer deemed that his vehicle was suspicious and stopped it. Upon engaging G.R. in conversation, the police purportedly observed the scent …

Regina v. J.B. [Provincial Court of Alberta, Airdrie – June 2016]

J.B. was charged with possession for the purpose of trafficking. J.B. was alleged to have sold drugs out of a house in small town Alberta. The reputation of the house led the citizens of the community to commence an investigation into the conduct of the residents. Their investigation ultimately resulted in the police commencing their own investigation. The police investigated …

Regina v. K.J. [Provincial Court of Alberta, Calgary – February 2016]

Calgary Police Service arrested K.J. as a result of a traffic stop. A substantial amount of suspected methamphetamine was found in the vehicle, and K.J. was charged with possession for the purpose of trafficking. K.J. was already on bail for trafficking cocaine charges, and the Police were vehemently opposed to his release, which made securing his release particularly difficult. Sean …