C. Lindo-Butler

The offender was convicted after trial of multiple firearms offences, including possession of a loaded restricted firearm and an overcapacity magazine.

The Crown sought a sentence of three to four years, while the offender sought two and a half to three years.

The court considered the offender's lack of prior violent or firearms record, his employment, and his compliance with bail conditions as mitigating factors, balanced against the gravity of gun crime.

The court imposed a sentence of three years' imprisonment, less credit for pre-sentence custody, along with ancillary orders.

The accused brought a Charter application in a blended voir dire and trial seeking exclusion of a loaded firearm discovered during a warrantless vehicle search following a traffic stop.

The court found the police stop under the Highway Traffic Act was a racially motivated pretext rather than a legitimate highway safety stop, rendering the detention and subsequent arrests for careless driving and failure to identify unlawful.

The search of the vehicle was also unconstitutional because it was not truly incidental to arrest and amounted to a broad exploratory search unrelated to the alleged traffic offences.

Applying the Grant framework, the court held that the Charter breaches—racial profiling, unlawful arrest, and an unjustified search—were serious and deliberate, and that admitting the firearm would bring the administration of justice into disrepute.

The firearm and ammunition were excluded under s. 24(2) of the Charter, and the accused was acquitted as the Crown could not prove knowledge and control of the firearm.

Sentencing decision for an offender convicted of multiple firearms offences arising from possession of a loaded .38 calibre revolver in a Toronto neighbourhood known for gang activity.

The offender, a repeat firearms offender subject to existing prohibition orders and probation, fled police and discarded the loaded weapon in a residential yard during pursuit.

The court emphasized denunciation and deterrence in response to gun violence while considering mitigating factors including youth, community support, and evidence of remorse and rehabilitation potential.

Applying the totality principle and consecutive sentencing for breaches of firearm prohibition orders, the court imposed a global sentence of eight years’ imprisonment with enhanced credit for pre‑sentence custody.