The appellant appealed his convictions for drug trafficking and firearms offences.
The Court of Appeal upheld the validity of the search warrant and the trial judge's findings regarding possession of the drugs and the capability of the ammunition.
However, the Court allowed the appeal regarding the conviction for possession of a loaded prohibited firearm under s. 95(1) of the Criminal Code.
The Court held that possession of an unloaded firearm with readily accessible ammunition is not an included offence of possession of a loaded firearm, and since the Crown particularized a loaded firearm but proved an unloaded one with accessible ammunition, the conviction could not stand.
