ONTARIO SUPERIOR COURT OF JUSTICE
B E T W E E N:
hIS MAJESTY THE KING
- and -
Kerwin Sonny
Erin Pancer and Cynthia Nadler, for the Crown
Allan Lobel, for Mr. Sonny
HEARD: March 20, 2025 and March 16, 2026
M. FORESTELL J.
reasons for sentence
Overview and History
1Kerwin Sonny was arraigned on three counts of importing firearms, three counts of conspiracy to traffic in firearms and one count of attempt to possess a firearm.
2Mr. Sonny challenged the constitutionality of s. 16(3) of the Immigration Refugee Protection Act, S.C. 2001, c. 27, which authorized the search of the cellphones of his alleged co-conspirator and produced the evidence which is the foundation of the charges. He sought the exclusion of the evidence under s. 24(2) of the Charter as a remedy for the violation of his s.8 right to be free from unreasonable search and seizure. On January 21, 2025, Sugunasiri J. found the section to be unconstitutional. Justice Sugunasiri held that the evidence should not be excluded under s. 24(2). See: R. v. Sonny, 2025 ONSC 527.
3Following the ruling by Justice Sugunasiri, Mr. Sonny chose to proceed before me by agreeing that the Crown could read facts into the record which he did not contest. Facts were read in on March 20, 2025. Based on the uncontested facts, I found Mr. Sonny guilty.
4Following the convictions, Mr. Sonny challenged the constitutionality of the mandatory minimum sentence of three years in s. 103(2)(a) of the Criminal Code, R.S.C., 1985, c. C-46, for a first offence of importing prohibited or restricted firearms, prohibited devices and ammunition. I found the mandatory minimum to be constitutional. See: R. v. Sonny, 2026 ONSC 1292.
5Sentencing submissions were made on March 16, 2026, and I reserved my decision until today.
Circumstances of the Offences
6In 2019, the police began an investigation into a person identified as “Scruffy” by a confidential source who indicated that Scruffy was trafficking firearms. Police learned that Scruffy was Kerwin Sonny. They also learned that Mr. Sonny and a man named Talius James had communicated with one another and that they had both crossed the Canadian – U.S.