The Crown charged two accused with possession of a handgun found in a vehicle during the Beaches Jazz Festival in Toronto.
A handgun was discovered under the rear driver's side floor mat of a black motor vehicle after police responded to a 911 call reporting suspicious activity.
The Crown argued that circumstantial evidence established that both accused had knowledge and control of the handgun.
The defence contended that two other individuals who were released from investigative detention may have been the only persons with knowledge of the weapon.
The court found that while there was a probability the accused knew of the handgun's existence, the Crown failed to establish knowledge and control beyond a reasonable doubt.
The competing inferences—that either the accused or the two released individuals knew of the handgun—created reasonable doubt.
Both accused were acquitted.
