Kas Marynick

The accused was charged with multiple firearms offences after police stopped a vehicle following a radio report that a rear passenger was possibly armed.

The accused brought a Charter application alleging breaches of ss. 8 and 9, arguing the vehicle stop constituted arbitrary detention and that a flashlight examination of the vehicle interior was an unlawful search.

The court held the accused was not detained in the brief period between the vehicle stop and the observation of a firearm and that the flashlight observation did not constitute a search under s. 8.

The Charter application was dismissed.

Accepting the evidence of police officers that the accused was holding a loaded restricted firearm in his lap before it fell to the floor of the vehicle, the court found possession proven beyond a reasonable doubt and convicted the accused on all counts.