Dennis Morris

The applicant sought a variation of his judicial interim release terms, specifically to add his wife as a surety and delete the non-contact term related to her.

This application was based on an alleged material change in circumstances, primarily the withdrawal of a previous assault charge against his wife.

The Crown opposed, citing a new, albeit unproven, assault allegation involving the wife.

The court found a material change in circumstances, noting the wife's consistent denial of the alleged assaults and the circumstantial nature of the Crown's case on the new charge.

The application was allowed, modifying the bail conditions to include the wife as an additional surety, remove the non-contact term, increase one surety's pledge, and maintain house arrest and a driving prohibition.

Eran Shomonov was sentenced after being convicted of unauthorized possession of semi-automatic handguns, careless use of a firearm, and simple possession of marijuana.

The court considered mitigating factors, including his lack of prior record, strong community support, and genuine remorse, alongside the aggravating factor of serious firearms offences.

The court found that the firearms were possessed for protection, which, while not a mitigating factor per se, influenced the placement of his conduct on the spectrum of criminal behaviour.

A reformatory sentence of 21 months, reduced by two months for pre-trial custody and bail restrictions, was imposed, along with ancillary orders.

The accused was treated at a hospital for a gunshot wound to his hand, which he initially claimed was from a nail gun.

Police investigated a commercial unit leased by the accused where a bullet hole and blood were found.

Officers questioned the accused at the hospital, eventually detaining him without providing right to counsel, rendering his later statements inadmissible under s. 10(b) of the Charter.

Fearing an injured person was inside the unit, police conducted a warrantless entry, which the court found lawful under exigent circumstances.

A subsequent search warrant yielded firearms, ammunition, and marijuana.

The physical evidence was ruled admissible, leading to the accused's conviction.