Sean Robichaud

The accused was convicted of possession of a loaded, restricted firearm with accessible ammunition, careless storage of a firearm, possession of a prohibited device and ammunition without a licence, and disobeying a lawful court order prohibiting weapon possession.

The court imposed a sentence of three years imprisonment on the firearm-related offences (served concurrently) and six months imprisonment on the breach of court order (served consecutively), for a total of three years and six months, less 574 days of enhanced pre-sentence custody credit, resulting in a remaining custodial term of one year, eleven months, and eight days.

The court found that the accused transported the loaded firearm across provincial borders in a motor vehicle and possessed it in public places, constituting aggravating factors.

The court emphasized the serious and escalating problem of illegal firearm possession in Peel Region and the paramount importance of denunciation and deterrence in sentencing for such offences.

The accused was charged with possession of a loaded, prohibited firearm and a prohibited device (over-capacity magazine) found in a blue duffel bag in the kitchen of his residence during the execution of a search warrant.

The Crown's case relied on surveillance evidence showing the accused carrying the bag, his driver's licence found in the bag, and the continuity of the bag from surveillance observations to its discovery.

The defence argued the firearm was planted by a third party resident.

The court found the accused guilty, rejecting the planting theory as speculative and unsupported, and finding the accused had both actual and constructive possession of the firearm and prohibited items.

The accused brought a section 11(b) Charter application seeking a stay of proceedings for unreasonable delay.

The information was sworn on March 9, 2022, with trial anticipated to end on October 8, 2025—a total delay of 1,309 days (approximately 43 months).

Applying the Jordan framework, the court calculated net delay of 950 days after deducting 23 days of defence delay and 336 days for exceptional circumstances (Rogers outage and complainant injury).

The net delay of 950 days far exceeded the 18-month presumptive ceiling for provincial court.

The Crown failed to establish exceptional circumstances sufficient to rebut the presumption of unreasonableness.

The court found systemic issues including delayed disclosure, excessive adjournment following a service outage, a trial coordinator policy requiring rescheduling after re-estimation, and a late-filed DSF application that necessitated further adjournment.

A stay of proceedings was granted.