The accused brothers were involved in an altercation at a McDonald's where one displayed a firearm.
They fled and were subsequently arrested by police near an alleyway where two loaded handguns were found under a parked van.
The accused brought Charter applications alleging breaches of their rights under ss. 7, 9, and 10, seeking a stay of proceedings or exclusion of the firearms.
The court found a breach of s. 9 for failing to bring the accused before a justice within 24 hours, and a breach of one accused's s. 10(b) rights due to delays in contacting his counsel of choice.
However, applying the Grant test, the court declined to exclude the evidence under s. 24(2) and refused a stay of proceedings.
On the merits, one accused was acquitted of assault due to self-defence, and the other was acquitted of pointing a firearm.
Both were found guilty of careless storage and possession of the firearms based on circumstantial evidence, with one also convicted of carrying a concealed weapon.
