This decision concerns the conviction of Kadeem Lye on four firearm-related charges, including possession of a loaded prohibited firearm without authorization contrary to s. 95(1) of the Criminal Code.
The case hinged on circumstantial evidence, including witness testimony, police evidence, and a video showing the defendant wearing a satchel identical to the one from which the firearm was thrown during a search warrant execution.
The court found the Crown met the high standard of proof beyond a reasonable doubt, rejecting alternative explanations and defenses based on third-party possession or mistaken identity of the satchel.
The judgment clarifies the application of possession principles under s. 4(3) of the Criminal Code and the assessment of circumstantial evidence in firearm possession cases.