Glenn Carter Brotherston

The applicant sought to exclude a firearm found during a search, arguing the Information to Obtain (ITO) the warrant was deficient, breaching his s. 8 Charter rights.

The Crown conceded the redacted ITO was insufficient and proceeded with a "Step Six" Garofoli procedure.

The court reviewed the ITO, including redacted material via a judicial summary, and found a sufficient link between the applicant and the searched premises.

Applying the Debot criteria, the court found the confidential informant's tip compelling, credible, and sufficiently corroborated.

The court concluded there were reasonable and probable grounds for the warrant, no s. 8 Charter breach, and dismissed the application for exclusion of evidence.

Ganno Abdella was found guilty after trial of trafficking heroin and possession of proceeds of crime.

The court considered sentencing objectives, principles, and appellate authority emphasizing penitentiary terms for heroin trafficking.

Despite mitigating factors like her difficult background, lack of criminal record, and low intellectual functioning, the court found no exceptional circumstances to deviate from a penitentiary sentence.

The court also determined her involvement was ongoing, not a "one-off." She was sentenced to 26 months in penitentiary, less three days pre-sentence custody, with ancillary orders.

The offender was sentenced following convictions arising from a shopping mall incident in which he fired a loaded handgun while fleeing loss‑prevention officers after committing theft.

The offences included discharging a firearm to evade arrest, unlawful possession of a prohibited firearm and magazine, possession while prohibited, and multiple breaches of recognizance conditions.

The court emphasized denunciation and deterrence given the risks created by firing a weapon in a crowded public place and the offender’s extensive criminal record.

Applying the totality principle and considering comparable sentencing ranges for serious gun offences, the court imposed a global sentence of nine years’ imprisonment.

Credit was granted for pre‑sentence custody and harsh detention conditions, resulting in a remaining sentence of six years and eleven and one‑half months.

The accused was charged with attempted murder and several firearms and recognizance offences arising from a shooting at Fairview Mall during a pursuit following a shoplifting incident.

The central issue at trial was identification of the accused as the person captured on surveillance video wearing a red T‑shirt who fled and discharged a handgun during the chase.

The court assessed recognition evidence, eyewitness testimony, and extensive video and photographic evidence, admitting identification evidence from a probation officer who had frequent prior contact with the accused while excluding identification evidence from two police officers who lacked sufficient familiarity.

After comparing the video footage with the accused’s appearance in court and considering corroborating testimony from witnesses to the chase and shooting, the court concluded beyond a reasonable doubt that the accused was the person in the video and that he fired a handgun at a pursuing security officer to avoid arrest.

However, the court found the Crown had not proven the specific intent required for attempted murder.