Regina v. A.A.S. [Provincial Court of Alberta, Calgary – May 2017] – Breach

A.A.S. was at home going about his daily routine when he discovered that he was being surreptitiously watched by a group of unknown people outside his house. Unbeknownst to A.A.S., the group of individuals were undercover police officers conducting surveillance on a drug investigation. Not knowing that the individuals were police officers, A.A.S. attempted to confront them, but they fled in a vehicle. A.A.S. pursued them in his own vehicle leading to a car chase. As a result of the foregoing, A.A.S. was ultimately arrested and charged with dangerous operation of a motor vehicle. A.A.S. was released on bail with a multitude of conditions. One of the conditions prohibited A.A.S. from being in a motor vehicle without the registered owner present; this is not an uncommon condition for suspected drug traffickers. While on release, A.A.S. was alleged to have violated this condition, and he was subsequently charged with section 145(3) of the Criminal Code of Canada (Breach of a release condition). Not guilty pleas were entered and a trial date scheduled. On the day of trial, the Crown conceded the strength of Calgary criminal lawyer Sean Fagan’s argument and withdrew the criminal charge.