Barb Glendinning

The accused were charged with numerous weapons offences after police intercepted their vehicle near the border and found a duffel bag containing nine handguns and fourteen high-capacity magazines.

The Crown's case was entirely circumstantial, relying on text messages, the accused's proximity to the bag, and their interactions with the individual who brought the bag into the vehicle.

The court found that the circumstantial evidence did not establish beyond a reasonable doubt that the accused knew the contents of the bag, as it was reasonably possible they were simply giving a friend a ride without knowledge of the firearms.

Both accused were acquitted on all counts.

The 24-year-old first-time offender pled guilty to importing 9 handguns and 14 high-capacity magazines across the St. Lawrence River.

The Crown sought 5-6 years, while the defence sought 3.5-4 years.

The court weighed the extreme seriousness of firearms importation against the offender's youth, lack of criminal record, and early guilty plea.

The court imposed a total sentence of 4 years imprisonment, less 15 months credit for pre-sentence custody, along with a lifetime weapons prohibition.

In a trial for second-degree murder, the accused brought a pre-trial application to exclude or edit a video recording of the killing, arguing the graphic images would inflame the jury.

The Crown voluntarily edited the video to conceal the pooling of blood and the gunshot wound to the deceased's head.

The court ruled the edited video recording was admissible, finding its probative value in showing the factual circumstances of the murder substantially outweighed any potential prejudice to the accused.

The offender, a youthful first-time offender, was convicted by a jury of possession of cocaine and heroin for the purpose of trafficking, and possession of proceeds of crime under $5,000.

The Crown sought a three-year sentence for the heroin charge, while the defence sought two years.

The court sentenced the offender to 28 months for the heroin charge, with concurrent sentences for the other offences.

The court granted standard 1.5:1 credit for pre-sentence custody, plus an additional four months for harsh lockdown conditions and three months for strict house arrest bail conditions, leaving 15 days left to serve.

A two-year probation order and forfeiture of $4,999 were also ordered.

The accused, charged with firearms and drug offences, brought applications to cross-examine the affiant and sub-affiants of an Information to Obtain (ITO) a wiretap authorization, and a Garofoli application to exclude the intercepted communications.

The applicants argued that the ITO relied heavily on confidential informants and lacked sufficient detail to establish reasonable and probable grounds.

The court dismissed the application to cross-examine, finding no evidentiary basis to suggest it would elicit testimony discrediting the statutory preconditions.

The court also dismissed the Garofoli application, concluding that the redacted ITO and judicial summary provided sufficient evidence to establish reasonable and probable grounds to believe the interceptions would afford evidence of the offences.