Prosecution: Breach of bail condition

Result: charges stayed

Regina v. A.S.

Lawyer: Sean Fagan

Charge: 145(3) of the Criminal Code of Canada

A.S. was on release for drug trafficking offences and subject to a multitude of conditions, including a condition not to possess a cell phone. This is a typical condition for people charged with drug trafficking offences because the police and the Court are aware that cell phones are a required tool of the trade. Additionally, most people facing drug trafficking charges are required to provide their probation officer with their cell phone billing statements. These conditions can reduce the likelihood of a person committing any additional drug trafficking related offences, and are sometimes necessary in order to get bail.

While on release, A.S. was a passenger in a vehicle that was subject to a Calgary police service traffic stop. All occupants of the vehicle, including A.S., were known to police from past interactions. The police identified a person in the vehicle believed to be A.S., and saw him in possession of a cell phone. Knowing that A.S. was subject to a cell phone prohibition, the police contacted A.S.’s probation officer and recommended the laying of a criminal offence of breaching a bail condition.

A.S. was ultimately charged with breaching a bail condition, and retained drug lawyer Sean Fagan for the defgence of the matter. Sean Fagan was succeful at securing a stay of proceedings on the charge, avoiding the entry of a criminal conviction.