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The accused was acquitted of firearm possession under the public duty defence but convicted of careless handling for abandoning the weapon in a parking lot.
The accused was charged with three firearm offences arising from an incident at a shopping mall in Ottawa on October 2, 2017: careless handling of a firearm contrary to section 86(3) of the Criminal Code, possession of a prohibited/restricted/non-restricted firearm without a licence contrary to section 91(3), and knowing possession of a firearm without a licence contrary to section 92(3).
A fourth count of weapons dangerous was dismissed by the Crown.
The trial proceeded on the basis that the accused picked up a handgun during a violent altercation and removed it from the mall, subsequently abandoning it in the parking lot.
The central legal issue was whether the accused had a lawful excuse for his possession of the firearm under the public duty defence, and whether his disposal of the weapon constituted careless handling.
The court dismissed the bail review application, ruling that proposing new sureties does not constitute a material change in circumstances.
The accused, Challa Daoud, sought a bail review following his detention by a Justice of the Peace for 10 firearm-related offences and multiple breaches of prior bail conditions.
The application was based on a purported material change in circumstances, specifically a revised bail plan with two new sureties and increased bond amounts.
The court found no material change in circumstances, noting that merely reshuffling sureties or increasing bond amounts does not suffice.
The court upheld the Justice of the Peace's decision to detain the accused on secondary and tertiary grounds, citing a substantial likelihood of reoffending due to a history of 32 convictions for breaching court orders, serious addiction issues, and the gravity of the firearms offences.
