Ms. H. Dudding

The accused was charged with eight firearms offences following the discovery of a loaded prohibited firearm during a search warrant execution at an apartment.

The Crown's case relied entirely on two statements allegedly made by the accused: one in which he claimed ownership of the firearm while detained with other occupants, and another to police regarding the firearm's location and colour.

The court found that the first statement was involuntary, having been induced by police threats that all detainees would be jailed unless someone admitted ownership.

The court also found reasonable doubt regarding whether the second statement was made at all.

With no evidence linking the accused to the firearm beyond these statements, the court acquitted on all charges.

The applicant sought standing to challenge a search warrant executed at an Airbnb unit where a firearm was discovered.

The applicant was present at a birthday party held at the rented unit but did not own, rent, or have possession or control of the premises.

The court applied the test from R. v. Edwards to determine whether the applicant had a reasonable expectation of privacy.

The court found that while the applicant had a subjective expectation of privacy, this expectation was not objectively reasonable.

The applicant lacked control over the premises, did not contribute to the rental, and his ability to regulate access was entirely subject to the lessee's wishes.

The application was denied.