Michael Webster

Three offenders pleaded guilty to multiple firearms offences, including aggravated assault and reckless discharge of a firearm, following a planned shooting at a taxicab that wounded one passenger.

One offender also pleaded guilty to possession of fentanyl for the purpose of trafficking.

The court considered the serious aggravating factors of the public shooting alongside mitigating factors, including guilty pleas, youth, and exceptionally harsh pre-sentence custody conditions exacerbated by the COVID-19 pandemic.

Global sentences of 6 years were imposed for two offenders and 7.5 years for the third, before applying enhanced credit for pre-sentence custody.

The applicant, charged with conspiracy to commit murder and attempted murder following a targeted shooting, applied for judicial interim release under s. 522 of the Criminal Code.

The Crown opposed release on the primary, secondary, and tertiary grounds.

The court found that the applicant's extensive criminal record and history of breaching court orders justified detention on the secondary ground.

Furthermore, the strength of the Crown's case, the gravity of the offence involving firearms, and the need to maintain public confidence in the administration of justice necessitated detention on the tertiary ground.

The application for bail was dismissed.

The accused applied for judicial interim release on charges of second degree murder and arson arising from a contract arson of a variety store that resulted in a death.

The court found the Crown's circumstantial case to be strong and the proposed release plan involving family supervision to be inadequate.

The application was dismissed, with the court finding the accused failed to show cause for release on the primary, secondary, and tertiary grounds.

The accused was a passenger in a vehicle stopped for traffic violations.

After being arrested on an outstanding warrant, he was placed in a police cruiser.

Upon arrival at the station, an ounce of crack cocaine was found in the cruiser where he had been seated.

The accused brought a Charter motion arguing he was unlawfully detained and searched when police asked for his name during the traffic stop.

The court dismissed the motion, finding the passenger was not detained and asking for identification did not constitute a search.

On the merits, the court found the circumstantial evidence, including feces on the drug packaging and the accused's movements during a pat-down, proved beyond a reasonable doubt that he possessed the cocaine.

The accused was convicted of possession for the purpose of trafficking but acquitted of possession of proceeds of crime.