Fedorowicz

The accused, Amirhosein Alipourbati, pleaded not guilty to several weapons charges after a handgun was seized from his car during a traffic stop.

The trial focused on a Charter application alleging violations of sections 7, 8, 9, 10(a), and 10(b), including claims of racial profiling, unlawful search, and delayed right to counsel, as well as lost evidence.

The court found a s. 7 violation for lost roadside communication evidence and a s. 10(b) violation for a 26-minute delay in providing rights to counsel.

However, the court dismissed the racial profiling claim and found the search of the vehicle lawful under the Cannabis Control Act.

Applying the Grant test, the court determined that excluding the handgun evidence would bring the administration of justice into disrepute, given the seriousness of the offence and the modest impact of the Charter breaches.

The handgun evidence was admitted, and the accused was convicted.

This is a ruling on committal to stand trial following a preliminary hearing.

Three accused were jointly charged with seven counts involving a Glock 10mm semiautomatic pistol, including careless use of a firearm, possession of restricted firearms without licence, occupying a motor vehicle with a restricted firearm, discharging a firearm recklessly, and possessing a weapon for a purpose dangerous to the public peace.

The Crown alleged that during an early morning drive, one of the accused discharged the firearm in a residential neighbourhood.

The court discharged all accused on count 7 (possession of weapon for dangerous purpose).

All accused consented to committal on count 5 (occupying motor vehicle with restricted firearm).

Walter Long was discharged on all other counts.

Van Hoang Le was committed on counts 2, 3, 4, and 5 based on the court's finding that as the designated driver, he had constructive possession of the firearm.

Vishnuvarthan Srivaratharajah was committed on counts 1, 2, 3, 4, 5, and 6, with the court finding sufficient circumstantial evidence that he was the person who discharged the firearm.