The appellant appealed his convictions for unauthorized possession of a firearm, careless handling of a firearm, and failure to comply with a recognizance.
During the execution of a search warrant at his residence, police observed a firearm being thrown out the window into an adjacent yard.
The trial judge declined to determine the validity of the search warrant, finding instead that the appellant had abandoned the firearm and had no reasonable expectation of privacy in it.
The Court of Appeal dismissed the appeal, agreeing that because the firearm was abandoned, section 8 of the Charter was not engaged, and the trial judge was not required to determine the legality of the search.
