Regina v. D.F. [Provincial Court of Alberta, Calgary – June 2016]

D.F. was charged with assault and uttering threats. These charges were particularly aggravating because they were purported to be racially motivated. D.F. and another individual were alleged to have assaulted a visible minority on the Calgary transit system. The situation was captured by no less than ten security cameras, which made this prosecution particularly challenging. Sean Fagan filed a Charter notice alleging breaches of D.F.’s right not to be arbitrarily detained and his right to counsel. The Crown conceded the strength of Sean Fagan’s position and offered a resolution which resulted in the withdrew of all charges against D.F.