The accused was convicted of unlawful possession of a loaded restricted firearm, possession of proceeds of crime, and possession of fentanyl and cocaine for the purpose of trafficking following a search warrant execution.
Although a Charter breach was established, evidence was admitted under s. 24(2).
The Crown sought six years incarceration and argued gang membership as an aggravating factor.
The court rejected the gang membership finding due to insufficient evidence and unreliable police synopses and occurrence reports.
The court imposed a global sentence of four years less three months as remedy for the Charter breach, with the firearm offense receiving two years nine months and one year consecutive for fentanyl trafficking.
