Traffic stop leads to prosecution for breach of bail conditions

PROSECUTION: Breach of bail condition

RESULT: Charges Stayed

LAWYER: Sean Fagan

Regina v. A.S. – December 2018

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

A.S. was on bail awaiting trial for charges relating to drug trafficking, breach of bail conditions, and multiple other offences. A.S. was a passenger in a vehicle driven by another individual who the police suspected was involved in criminal activity. Members of the Calgary Police Service executed a traffic stop on the vehicle for an unknown reason.

During the traffic stop, the police requested the identification from all of the occupants of the vehicle. A.S., immediately used a cell phone to contact defence lawyer, Fagan, and asked for immediate assistance. Following this call, A.S. refused to speak to the police and exercised his constitutionally protected right to silence and right against self-incrimination.

Through the officers’ conversation with the other occupants of the vehicle, they learned the identity of A.S.. The officers searched A.S. in their police database and learned that A.S. was subject to a multitude of court-ordered conditions, including not to be in possession of a cellular phone. Following their inquiries, the police released all occupants of the vehicle but later they charged A.S. with a breach of his bail conditions. A.S. retained criminal lawyer Sean Fagan who was successful at securing a stay of proceedings on the charge.

Breaching a bail condition is a criminal offence, and if you are found guilty, it will almost certainly be noted on your criminal record. A conviction for this offence will create difficulty for future bail applications because breach charges demonstrate that an offender has failed to abide by a Court order.