A youth was charged with firearms offences after a loaded handgun was discovered in the foot well of a taxi cab in which the youth was a passenger.
The defence brought a Charter application to exclude the firearm as evidence, arguing the youth was arbitrarily detained contrary to section 9 of the Charter and that possession could not be established beyond a reasonable doubt.
The court found the youth was arbitrarily detained during the investigative phase when directed to exit the vehicle and subjected to a pat-down search, but admitted the evidence under section 24(2) of the Charter, finding the breach was not sufficiently serious to warrant exclusion.
The court found the Crown proved possession beyond a reasonable doubt based on the location of the firearm and the reasonable inference that the youth attempted to dispose of it upon seeing police.
