Gun violence

The accused was convicted of possession of a loaded, restricted firearm with accessible ammunition, careless storage of a firearm, possession of a prohibited device and ammunition without a licence, and disobeying a lawful court order prohibiting weapon possession.

The court imposed a sentence of three years imprisonment on the firearm-related offences (served concurrently) and six months imprisonment on the breach of court order (served consecutively), for a total of three years and six months, less 574 days of enhanced pre-sentence custody credit, resulting in a remaining custodial term of one year, eleven months, and eight days.

The court found that the accused transported the loaded firearm across provincial borders in a motor vehicle and possessed it in public places, constituting aggravating factors.

The court emphasized the serious and escalating problem of illegal firearm possession in Peel Region and the paramount importance of denunciation and deterrence in sentencing for such offences.

The court sentenced Shane Campbell following his guilty plea to three firearms offences arising from a gunfight in a Toronto residential neighbourhood.

The decision details the circumstances of the offences, Campbell’s personal background, and the aggravating and mitigating factors considered.

The court imposed a global sentence of eight-and-one-half years, emphasizing denunciation and deterrence, but also recognizing Campbell’s remorse, family support, and the impact of systemic racism and harsh pre-trial custody conditions.

This sentencing decision concerns two co-accused, Tafari Bezabeh and Justin Harker, convicted by a jury of attempt murder and first degree murder arising from two closely connected shootings in Toronto on June 19, 2022.

The court reviews the facts, aggravating and mitigating circumstances, and the applicable case law, ultimately imposing life imprisonment for both offences, with no parole eligibility for 25 years on the murder count and a concurrent life sentence for attempt murder.

The decision emphasizes the need for denunciation and deterrence in the context of planned, public gun violence.

The applicant sought judicial interim release pending his conviction and sentence appeal for firearm offences, including pointing a firearm, assault with a weapon, and possessing a weapon for a dangerous purpose, stemming from a drive-by shooting.

Despite the Crown's consent, the Court of Appeal denied the application.

The court found the appeal grounds, particularly regarding the sentence, to be weak and determined that the applicant's detention was necessary in the public interest, given the serious nature of the gun violence and the need to maintain public confidence in the administration of justice.

The appellants, Thulani Chizanga and Shamar Meredith, appealed their convictions for second-degree murder and Mr. Meredith appealed his sentence.

The main issues on appeal included the admissibility of a "Super 8 Video" as prior discreditable conduct evidence, the trial judge's jury instructions on joint enterprise liability, post-offence demeanour evidence, and defence theories, as well as sentencing errors related to aggravating factors and mitigating circumstances.

The majority dismissed all appeals, finding no legal errors in the trial judge's decisions regarding evidence admissibility, jury instructions, or sentencing.

A dissenting judge would have allowed the conviction appeals and ordered a new trial, arguing the Super 8 Video was improperly admitted and instructed upon, particularly concerning its probative value for joint enterprise to kill.

The accused, Cadence Beauparlant, pleaded guilty to illegal possession of a firearm under s. 95(2) of the Criminal Code, following an incident where a 17-year-old girl was fatally shot by a co-accused using the firearm Beauparlant brought to a party.

The court considered mitigating factors (no prior record at the time of the offence, youth, guilty plea) and numerous aggravating factors (reckless disregard for safety, flight from scene, continued drug trafficking, unrecovered firearm).

The judge emphasized the need for strong denunciation and deterrence for gun crimes, noting the alarming increase in such crimes in Hamilton despite judicial calls for stricter sentences.

The court found the accused's rehabilitation prospects poor given his post-offence conduct.

A sentence of seven years in penitentiary, consecutive to existing sentences for drug trafficking, was imposed, along with a lifetime weapons prohibition and a non-communication order.

The appellant, Christopher Husbands, appealed the life sentences imposed for two counts of manslaughter and other related offences stemming from a 2012 shooting at the Eaton Centre.

The appeal raised four main categories of error: misapplication of social context evidence (IRCA), incorrect test for PTSD link to conduct, misapplication of delayed parole test and failure to remedy Charter breaches, and demonstrably unfit sentence.

The Court of Appeal dismissed the appeal, finding that the trial judge correctly applied the legal principles, including those related to social context evidence (consistent with Morris), mental disorder as a mitigating factor (consistent with Prioriello and Hilbach), and the two-stage Zinck test for parole eligibility.

The court concluded that the life sentences were not demonstrably unfit, emphasizing the seriousness of the crimes, the profound victim impact, and the paramountcy of general deterrence and denunciation in such cases.

Abubakar Bukardikwa was convicted of 12 counts related to a shooting incident where he fired a semi-automatic handgun multiple times in a public parking lot, striking the victim, Jason Lamarche, three times in the leg.

The court considered sentencing principles including denunciation, deterrence, and rehabilitation, balancing them with the offender's youth and first-offender status.

The decision applied the Kienapple principle for conditional stays and extensively discussed pre-sentence custody credits (Summers and Duncan).

The Crown sought a total of nine years, while the defence proposed five to six years.

The court imposed an effective total sentence of six years, eleven months, and twelve days, comprising a sentence of six years, five months, and twelve days on the charge of discharging a firearm with intent, and a consecutive six-month sentence for possessing a firearm while prohibited.

Patrick Doyle was convicted by a jury of manslaughter and first-degree murder.

The court's task was to sentence him for these offences.

For first-degree murder, a mandatory life sentence with no parole eligibility for 25 years was imposed.

For manslaughter, the Crown sought 10 years, and the Defence sought 5 years.

The court imposed an 8-year concurrent sentence, considering the gravity of the offence, the degree of the offender's responsibility, and aggravating factors such as a lengthy criminal record and firearms prohibition.

The court also considered mitigating collateral consequences of harsh pre-sentence detention conditions during the COVID-19 pandemic, applying a "Duncan credit" as a factor in determining the fit sentence, and a "Summers credit" for time served.

Andre Martin was convicted of attempted murder with a firearm and unauthorized firearm possession.

The Crown sought an 18-year sentence, while the defence proposed 6-10 years.

The court considered aggravating factors, including the use of a firearm, the victim's permanent paralysis, and the offender's criminal record.

Mitigating factors included provocation, a dysfunctional upbringing, and systemic anti-Black racism.

The court emphasized general deterrence, denunciation, and the importance of rehabilitation, imposing a total sentence of 12 years, accounting for pre-trial custody and future COVID-related restrictions.

The applicant, Safeer Ahmad, sought a second bail release under Section 522 of the Criminal Code, having been charged with conspiracy to commit murder.

The application was based on a change of circumstances, specifically the addition of new sureties (his mother and a cousin) to supplement previously proposed sureties.

The court, reading the reasons together with the previous ruling, found the allegations exceedingly serious, involving a gang-related shooting that resulted in one death and multiple injuries.

While acknowledging the new sureties slightly improved supervision, the court deemed their value marginal given the gravity of the offence and the strength of the Crown's case.

The application was dismissed on both the secondary ground (risk to public safety) and the tertiary ground (maintaining public confidence in the administration of justice), emphasizing the high onus on the applicant in such serious cases and the growing public intolerance for gun violence.

The defendants were convicted by a jury of second-degree murder.

This decision sets their parole ineligibility periods.

The court considered aggravating factors such as the use of a semi-automatic assault rifle, the public nature of the killing, elements of planning, and the criminal record of one offender, as well as prior criminal conduct involving the same firearm.

Mitigating factors included youth and difficult upbringing for one offender, and being a first offender for the other.

The court also addressed the admissibility of prior discreditable conduct under Section 725(1)(c) of the Criminal Code and the weight to be given to jury recommendations.

Parole ineligibility was set at 16 years for Shamar Meredith and 12 years for Thulani Chizanga.

Aruran Suthakaran was found guilty of second-degree murder.

The court considered the nature of the offence, the circumstances surrounding its commission (gun violence in a public place with transferred intent), the offender's character (no prior record, strong family support), and jury recommendations (10 years parole ineligibility).

Despite the jury's recommendation, the court imposed a 12-year period of parole ineligibility, emphasizing the need for denunciation and deterrence for gun-related crimes, while acknowledging the offender's strong rehabilitation prospects.

A lifetime weapons prohibition and mandatory DNA order were also imposed.

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.

The defendant pleaded guilty to three counts: operating a motor vehicle while impaired by drugs, carrying a loaded restricted firearm without reasonable precautions for safety, and possessing a loaded restricted firearm without a licence or registration certificate.

The Crown sought a global sentence of three years imprisonment.

The defence sought a conditional sentence or, alternatively, pre-trial custody credit and a fine.

The court imposed a custodial sentence of 30 months on the firearm possession charge, nine months on the careless handling charge, and a $1,500 fine with a 12-month driving prohibition on the impaired driving charge.

The court also imposed a lifetime firearm prohibition for prohibited firearms and a 10-year prohibition for other firearms, a DNA order, and forfeiture of the handgun.

The defendant, Damion Lewis, applied to exclude evidence (a loaded .357 Magnum revolver and ammunition) obtained during a search incident to arrest, arguing breaches of his section 8 Charter rights due to unlawful scope and execution of the search.

The court found that police had reasonable and probable grounds to arrest Lewis for theft of mail, making the initial search lawful.

However, the manner of the search was deemed unreasonable because an officer pointed an assault rifle at the handcuffed defendant and threatened to shoot him if he moved.

Despite this serious Charter breach, the court, applying the *Grant* framework, declined to exclude the evidence under section 24(2) of the Charter.

The high reliability of the evidence and society's heightened interest in addressing gun violence in Toronto outweighed the seriousness of the state conduct and the impact on the defendant's Charter interests, especially since the arresting officer acted in good faith and the evidence would have been discovered inevitably.

Rachard Holder was convicted by a jury of attempted murder, pointing a firearm, and intentionally discharging a firearm, and by the judge of possession of a firearm contrary to an order.

The charges stemmed from a premeditated shotgun shooting of Steven Cseko, who had intervened in a domestic dispute.

The victim suffered catastrophic, permanent injuries.

The Crown sought a life sentence, while the defence proposed ten years.

The court found the shooting to be cold-blooded and senseless, with a lack of remorse from the offender, indicating a high likelihood of future dangerousness.

Considering aggravating factors such as the offender's escalating criminal record, breach of court orders, premeditation, and the horrific impact on the victim and community, the court imposed a life sentence for attempted murder.

The convictions for pointing a firearm and intentionally discharging a firearm were stayed under the Kienapple principle.

A concurrent one-year sentence was imposed for the breach of the weapons prohibition order.

Ancillary orders included a lifetime weapons prohibition, a DNA sample, and a non-communication order with the victim and his family.

The accused, Reshane Hayles-Wilson, was convicted of second-degree murder after a jury trial.

The court determined the period of parole ineligibility, which is mandatory life imprisonment with a discretion between 10 and 25 years.

Considering aggravating factors such as the planned nature of the murder, the use of a loaded handgun in a public place, the danger to the public, and the accused's association with a criminal gang, alongside mitigating factors like his young age, lack of prior criminal record, family support, and remorse, the court set the parole ineligibility period at 15 years.

The accused, Daniel Stojanovski and Darko Stojanovski, were found guilty by a jury of attempted murder and discharging a firearm with intent to endanger life.

The charges stemmed from a cold-blooded shooting in a residential neighbourhood that left the victim, Nassundu Williams, an incomplete quadriplegic.

The Crown sought a life sentence, while the defence proposed 12 to 15 years.

The court considered aggravating factors, including the use of loaded handguns in a populated area and the catastrophic harm to the victim, and mitigating factors such as Darko Stojanovski being a first offender and both accused having family support and taking rehabilitative steps during pre-sentence detention.

Enhanced credit for pre-sentence detention, including additional credit for harsh lockdown conditions, was granted.

The court emphasized denunciation and deterrence as primary objectives.

The accused, Daved James Nadon, pleaded guilty to eight counts, including two counts of pointing a firearm, uttering a threat to cause death, forcible confinement, possessing a loaded prohibited firearm, attempted murder with a firearm, breach of probation, and possessing a firearm contrary to prohibition.

The court considered aggravating factors such as the use of a prohibited firearm, threats, and the permanent debilitating injuries suffered by the victim, as well as mitigating factors including a guilty plea, remorse, youth, and participation in rehabilitation programs.

The Crown sought a sentence of nine to twelve years, while the defence proposed seven to eleven years.

The court imposed a total sentence of 7 years and 7 months imprisonment after accounting for 2 years and 5 months of pre-sentence custody, along with ancillary orders for a lifetime firearms prohibition, DNA sampling, and a non-communication order.