A. Schultz

The accused, a self-represented individual alleged to have a leadership role in a street gang, was tried on a 21-count indictment for firearms, drug trafficking, robbery, conspiracy, and criminal organization offences.

The Crown's case relied heavily on intercepted communications.

The court found the accused guilty of multiple offences, including counselling firearm possession, conspiracy to commit robbery, firearm possession, and drug trafficking.

The court also found that the group met the definition of a criminal organization and convicted the accused of committing and instructing several of these offences for the benefit of or in association with the organization.

The accused was acquitted on counts where the evidence of agreement or instruction was insufficient.

The applicants, alleged members of the 'Five Point Generals' criminal organization, brought a Charter application challenging the validity of Tracking Data Warrants, Transmission Data Recording Warrants, and Part VI wiretap authorizations.

Two applicants argued there were insufficient grounds to link them to specific phone numbers, while the others argued they should not have been named in the Information to Obtain (ITO) as the conditions under s. 185(1)(e) of the Criminal Code were not met.

The court dismissed the applications, finding that the police had reasonable grounds to believe the phone numbers were linked to the applicants and that there was sufficient evidence of association with the criminal organization to justify naming the other applicants in the ITO.