Christien B. Levien

The accused, Joshua Warrington-Johnson, pleaded guilty to possession of a prohibited Taurus .45 caliber semi-automatic handgun contrary to s. 95(1) of the Criminal Code.

The case arose from Project Wildcat, a police investigation into gang activity in Toronto's Jane and Finch area.

Intercepted communications revealed Mr. Warrington-Johnson's involvement with gang-related firearm possession and discussions of retaliatory violence.

A search warrant led to the seizure of the loaded firearm and ammunition.

The sentencing judge emphasized the serious gun violence problem in Toronto, the aggravating factors including gang connections and firearm possession during a shooting incident, and the need for deterrence and denunciation.

Despite the accused's positive personal background and remorse, a penitentiary sentence of 2 years and 8 months was imposed, along with a lifetime weapons prohibition and ancillary orders.

The applicant sought a stay of proceedings under section 11(b) of the Charter due to unreasonable delay.

The court applied the Jordan framework, subtracting periods of defence-instigated delay and exceptional delay caused by the COVID-19 pandemic.

The net delay of 20.5 months was found to be well within the 30-month ceiling for Superior Court cases, leading to the dismissal of the application.

The defendants, brothers Garret and Garnett Grant, were arrested following a traffic stop that escalated into a search for cannabis and then a firearm.

They faced charges related to unauthorized firearm possession and possession of controlled substances for the purpose of trafficking.

Both defendants brought Charter applications alleging arbitrary detention, unreasonable searches, and breaches of their right to counsel, including racial profiling.

The court dismissed the Charter applications for arbitrary detention and unreasonable search, finding the police conduct lawful and not racially motivated.

However, it found a breach of the right to be informed of the reason for detention (s. 10(a)) due to delayed notification of drug charges.

Applying the Grant analysis, the court admitted the evidence.

On the merits, Garret Grant was found guilty of all firearm charges, while Garnett Grant was found guilty of most drug trafficking charges and simple possession of oxycodone.

Garret Grant was acquitted of all drug charges, and Garnett Grant was acquitted of one drug trafficking count.

The applicant, Zedekiah McAnuff, brought a pretrial application alleging violations of sections 8, 9, and 10(b) of the Canadian Charter of Rights and Freedoms and seeking exclusion of evidence under section 24(2).

The application arose from a RIDE stop where the co-accused driver was arrested for impaired driving, and McAnuff was subsequently arrested for public intoxication, leading to a search of his vehicle and the discovery of drugs, cash, and ammunition.

The court found no arbitrary detention, no arrest without reasonable and probable grounds for public intoxication, and no violation of the right to counsel or unreasonable search.

The application was dismissed, and the evidence was deemed admissible.