Justice Bhabha

The defendant sought a preliminary inquiry under section 535 of the Criminal Code despite being charged with offences carrying a maximum sentence of ten years imprisonment, which falls below the fourteen-year threshold established by 2019 amendments.

The Crown provided notice of its intention to seek a Dangerous Offender designation, which could result in an indeterminate sentence.

The court held that the defendant was entitled to a preliminary inquiry, finding that the Crown's notice of intent to pursue a Dangerous Offender application fundamentally altered the defendant's potential penal jeopardy, bringing it within the scope of section 535 when interpreted purposively.

The accused pleaded guilty to possessing a restricted firearm without a licence contrary to s. 92(1) of the Criminal Code.

The firearm, a loaded semi-automatic assault rifle with a defaced serial number, was discovered by the accused's mother in a knapsack in the accused's home.

The accused had agreed to hold the knapsack for a former neighbour approximately one month prior to discovery.

Upon discovering the firearm, the accused took no action to remove it from her possession.

The court rejected the defence submission for a conditional discharge and imposed a conditional sentence of two years less one day with strict house arrest conditions and 150 hours of community service, followed by two years of probation.

The court also imposed a DNA order, a lifetime firearms prohibition, and a forfeiture order.