The accused faced 25 firearm-related possession charges arising from the execution of a search warrant at his condominium after a lengthy police standoff.
He challenged the warrant under ss. 7 and 8 of the Charter, arguing that the affiant was misleading and that the information to obtain was insufficient, but the court held that the vehicle-description errors were innocent, excised them, and found the unredacted ITO still established reasonable grounds.
At trial, the accused admitted possession of the firearms, prohibited devices, and ammunition, but asserted duress based on threats from an armed creditor who allegedly used his apartment for storage.
The court held the defence lacked an air of reality because safe avenues of escape existed, including paying the debt or going to police, and alternatively found the Crown disproved duress beyond a reasonable doubt.
Convictions were entered on all counts.