Ian Bulmer

The applicant, a police officer, was convicted of attempted murder after shooting a person on a streetcar.

He brought a constitutional challenge against the five-year mandatory minimum sentence for attempted murder with a restricted firearm under s. 239(1)(a)(i) of the Criminal Code, arguing it violated ss. 7 and 12 of the Charter.

The court dismissed the application, finding that the mandatory minimum was not grossly disproportionate given the high moral blameworthiness of the applicant's conduct, nor was it overbroad in its application to police officers.

The accused was charged with sexual assault, sexual exploitation by a person in a position of trust, breach of trust, and making and possessing child pornography involving a complainant who had lived in the accused’s home as a teenager.

The Crown alleged the accused used his position as a police officer and landlord to coerce sexual activity and take nude photographs of the complainant when she was under 18.

The court found significant inconsistencies and credibility concerns in the complainant’s testimony, including contradictions regarding photographs, camera use, alleged coercion, and post‑incident conduct.

The court accepted defence evidence that certain sexual activity occurred consensually after the complainant turned 18 and found the Crown failed to prove the offences beyond a reasonable doubt.

All charges were dismissed.