N. Hegedus

The offender, a youthful first offender, was found guilty of possessing a loaded prohibited firearm which he had concealed in a satchel under his jacket while at a restaurant and later in a motor vehicle.

He also pleaded guilty to flight from police while on bail.

The court weighed the serious aggravating factors of carrying a loaded handgun in public against mitigating factors including his youth, lack of prior record, strong family support, and the harsh conditions of his pre-sentence custody due to COVID-19 lockdowns.

The court imposed a total sentence of 30 months imprisonment, less enhanced credit for pre-sentence custody, followed by three years of probation.

The accused was a passenger in a vehicle stopped for an expired validation sticker.

After smelling marijuana and hearing an occupant admit to having marijuana in the console, police searched the occupants under the Cannabis Control Act.

A loaded handgun was found on another passenger, leading to the arrest of all occupants.

During a search incident to arrest at the police station, a second loaded handgun was found in a satchel concealed under the accused's jacket.

The accused brought Charter applications alleging arbitrary detention, unreasonable search, and right to counsel breaches.

The court found a technical s. 10(b) breach but admitted the firearm under s. 24(2).

The accused was found guilty of the firearm offences.