ONTARIO
SUPERIOR COURT OF JUSTICE
B E T W E E N:
HIS MAJESTY THE KING
- and -
Keanu Ebanks
Counsel: Tracey Vogel, for the Crown Anik Morrow, for Mr. Mr. Ebanks
HEARD: April 17, 2025 and March 31, 2026
M. Forestell J.
REASONS FOR SENTENCE
Overview
1Keanu Ebanks entered guilty pleas on April 17, 2025, to a charge of possession of a loaded restricted firearm. The case was adjourned for the preparation of an enhanced presentence report. The report was received on December 8, 2025, and sentencing was scheduled for December 15, 2025. On December 11, 2025, Mr. Ebanks was arrested and charged with possession of a loaded prohibited firearm and breaching an order prohibiting him from possessing any weapons. He pleaded guilty to those charges before me, on February 20, 2026.
2Sentencing submissions were made on March 31, 2026, and I reserved my decision until today.
The Circumstances of the Offences
3The circumstances of the first set of charges are as follows.
4On December 11, 2022, the police were monitoring the telephone calls of a third party pursuant to a wiretap authorization. They intercepted a conversation about two men, Yawnie and Rush, “getting into it” and that one had walked away to get his ‘bid’. The third party then phoned ‘Yawnie’ and asked if he was alright. The number he called for Yawnie was registered to Mr. Ebanks. Investigation revealed that Mr. Ebanks lived at 3190 Kingston Road. Police seized camera footage of a dispute that occurred on December 11, 2022, in the parking lot area of 3190 Kingston Road. Yawnie, or Mr. Ebanks, can be seen on video removing an object from his pocket, dropping his arm and then raising it before lowering it again. On December 13, 2022, police entered and searched Mr. Ebanks’ residence. They located a Glock 22 firearm with a clip containing 14 bullets with one in the chamber. The firearm is a restricted firearm. A clip with over 10 bullets is an extended magazine and is a prohibited device
5The circumstances of the second set of charges are as follows.
6In the Fall of 2025 Durham Regional Police were engaged in a wiretap project. Based on information from the wiretaps, they executed a search warrant at the residence of Mr. Ebanks. The police located a Glock 27 with an obliterated serial number in a dresser in Mr. Ebanks’ bedroom. It was loaded with eight rounds of ammunition. The Glock 27 is a prohibited firearm.
7At the time of the execution of the warrant, Mr. Ebanks was bound by a release order that prohibited him from possessing any weapons. He was in violation of that order.
Circumstances of Mr. Ebanks
8Mr. Ebanks is 25 years old. He was 22 years old at the time of the first set of offences.
9Mr. Ebanks was raised by his mother. His father was mostly absent from his life. His mother worked long hours to support the family. Mr. Ebanks’ older siblings helped to raise Mr. Ebanks. His older brother played a particularly central role in supporting and mentoring Mr. Ebanks. Mr. Ebanks remains close to his siblings and is particularly close to his younger brother.
10Throughout his childhood and adolescence, Mr Ebanks lived in a neighbourhood that was under-resourced and marked by violence. He was, at age 13, physically assaulted and threatened. At age 17, he lost a close friend who was fatally stabbed.
11Growing up, Mr. Ebanks did well in school and was a talented basketball player. At age 15, he was expelled from school for fighting. The fight was with a white student who had directed racial slurs at Mr. Ebanks. The other student was only suspended. After his expulsion, Mr. Ebanks could not participate in the competitive basketball programme offered by his high school. Other schools lacked comparable programmes.
12After this time, Mr. Ebanks reports associating with negative peers who were engaging in criminal activity.
13Mr. Ebanks has used cannabis regularly since age 16 to regulate his anxiety.
14Mr. Ebanks graduated from high school. He has been employed since graduation. In 2017, he was employed as a custodian at a local school and community centre. In 2018 and 2019, he held seasonal employment. From 2020 to 2022, he worked in construction.
15Mr. Ebanks has expressed an interest in entering the trades when he has served his sentence.
16Mr. Ebanks was on strict house arrest bail for 906 days. He was subject to GPS monitoring. He could not leave the house without one of his sureties. The monitoring data show that he very rarely left his house. On June 5, 2025, the house arrest conditions were varied, and he was subject to a curfew from 9:00 p.m. to 8:00 a.m.
17Since his arrest in December of 2025, Mr. Ebanks has been incarcerated at the Central East Correctional Centre.
Positions of the Parties
18The Crown seeks a global sentence of imprisonment of 7 years before credit for pre-sentence custody. The breakdown of the sentence sought by the Crown is: 6 years for each count of possession of loaded guns; and 1 year consecutive for the breach of the prohibition order. The Crown also seeks a DNA order, a forfeiture order, and a s. 109 firearms prohibition for life.
19Mr. Ebanks submits that a global sentence of 5.5 years is appropriate before credit for presentence custody. He submits that he should receive a sentence of 4.5 years for each count of possession of loaded guns and 1 year consecutive for the breach.
20He takes no issue with the ancillary orders sought.
The Appropriate Sentence
21The fundamental purpose of sentencing is to foster respect for the law and to maintain a just, peaceful, and safe society. The sentence imposed must be proportionate to the gravity of the offence and the degree of responsibility of the offender. In arriving at an appropriate sentence, I must consider any aggravating and mitigating circumstances.
22In this case, the aggravating factors with respect to the first set of offences are that the gun was brandished in public and it had an overcapacity magazine.
23Aggravating factors with respect to the second set of charges are that Mr. Ebanks was on a release order for the same offence and that the serial number on the gun was obliterated.
24Mitigating factors are that Mr. Ebanks pleaded guilty and accepted responsibility, he is a youthful first offender, he had a good work history before his arrest, and he has the continued support of his family.
25The Enhanced Presentence Report describes Mr. Ebanks’ personal history and the impact of anti-Black racism and socio-economic factors on his life.
26Mr. Ebanks’ criminal involvement is contextualized by the information in the report about his experiences in an under-served neighbourhood and his experience of anti-Black racism, particularly in his education.
27Also mitigating is the fact that Mr. Ebanks spent a very long time on an extremely restrictive bail. He has been in custody since December 2025.
28There is no question that the offences in this case are extremely serious. Mr. Ebanks possessed two loaded firearms.
29Our courts have repeatedly commented on the plague of gun violence in Toronto and the damage it causes to our community.
30It is well-settled law that, in sentencing for firearms offences, denunciation, deterrence, and the protection of the public are the primary sentencing objectives. Generally, exemplary sentences are required for these offences. See: R. v. Nur, 2013 ONCA 677, aff’d 2015 SCC 15; R. v. Mohiadin, 2021 ONCA 122, at para. 12.
31A conviction for possession of a loaded firearm attracts a significant penitentiary sentence, even for a first offender and absent any aggravating facts. See: Nur; R. v. Ramos, 2023 ONSC 1094.
32Breaches of weapons prohibitions generally attract sentences that are consecutive.
33I recognize that this is Mr. Ebanks’ first offence, and I find that he has good prospects for rehabilitation. The support of his family will be a critical factor in his path after serving his sentence. I have carefully considered the principle of restraint that requires that I impose the lowest sentence that is consistent with the objectives of sentencing. I have also considered the obstacles faced by Mr. Ebanks as set out in the enhanced presentence report.
34This is an unusual case as it involves two instances of possession of a loaded firearm separated by three years. Each offence involves aggravating factors. While sentences in the lower penitentiary range of 2-5 years are not uncommon for first offenders, the significant aggravating factors take the sentence out of that range.
Conclusion
35Having considered all of these factors, I conclude that to achieve the objectives of denunciation and deterrence, a sentence of 5.5 years must be imposed on each of the counts of possession of loaded firearms, to be served concurrently; and a sentence of 1 year should be imposed for the breach, to be served consecutively. This is a global sentence of 6.5 years.
36Mr. Ebanks is entitled to credit for his pre-sentence custody. He has spent 128 days in presentence custody. Credited at 1.5 to 1, he is entitled to credit of 192 days. This should be credited on the breach charge.
376.5 years is 2376 days. With credit of 192 days, this leaves 2184 days to serve or 5 years, 11 months and 23 days.
38I make the following ancillary orders:
(1) An order under s. 109(3) of the Criminal Code, R.S.C., 1985, c. C-46, that Mr. Ebanks is prohibited from possessing any firearm, crossbow, restricted weapon, ammunition and explosive device, for life.
(2) Given the circumstances of the case, a DNA order is appropriate, and I make that order.
M. Forestell J.
Released: April 14, 2026
CITATION: R. v. Ebanks, 2026 ONSC 2076
COURT FILE NO.: CR-26-20000092-0000
DATE: 20260414
ONTARIO
SUPERIOR COURT OF JUSTICE
B E T W E E N:
HIS MAJESTY THE KING
- and –
Keanu Ebanks
REASONS FOR SENTENCE
M. Forestell J.
Released: April 14, 2026