The Crown sought to call three witnesses (Jason Chapple, Angelo Paggliariccia, and Nicola Marchese) at the sentencing hearing of the defendant, who had pleaded guilty to possessing a firearm while prohibited from doing so.
The witnesses, represented by counsel, applied to quash the subpoenas.
The defendant supported the application.
The Crown sought to establish that the offence was committed in association with a criminal organization (Hells Angels) under section 718.2(a)(iv) of the Criminal Code.
The court found that the Crown had not established that the witnesses could provide material evidence beyond the already-admitted facts and that allowing their testimony would constitute a fishing expedition.
The subpoenas were quashed.
