Olabode Odetoyinbo

The accused was charged with multiple firearm offences after police found a loaded handgun wrapped in a t-shirt in his family's garage.

The Crown relied on circumstantial evidence, including police surveillance showing the accused and an associate in the garage, and photographs of the associate with a handgun.

The accused testified that he had no knowledge of the handgun and that multiple people had access to the unlocked garage.

The court found the accused's evidence unpersuasive but concluded that the Crown failed to prove beyond a reasonable doubt that the accused had knowledge and control of the firearm.

The accused was acquitted of all charges.

The applicants, charged with firearms offences, brought applications to exclude evidence under s. 24(2) of the Charter, alleging their s. 8 rights were violated by invalid search warrants and an unauthorized cell phone search.

The court found the search warrant for one applicant's residence was valid, but the warrant for the other applicant's residence was invalid due to insufficient corroboration of a confidential informant's tip.

However, the court admitted the handgun found at the second residence under s. 24(2).

Regarding the first applicant's cell phone, the court found the police searched it without informed consent, violating his s. 8 rights, and excluded the cell phone contents under s. 24(2).