Sonya Anderson

The accused was charged with possession of a restricted firearm, occupying a motor vehicle with a firearm, and breaching prohibition orders after a loaded handgun was found in a hidden compartment in the centre console of his leased vehicle.

The Crown's case relied on circumstantial evidence, including surveillance of the accused driving the vehicle and the nature of the hidden compartment.

The court found the accused guilty of constructive possession and one count of breaching a prohibition order, concluding that the only reasonable inference was that he had knowledge and control of the firearm.

However, the accused was acquitted of occupying a motor vehicle with a firearm, as the Crown could not prove he was in the vehicle at the exact time the firearm was present.

The appellant appealed his conviction for operating a motor vehicle with a blood alcohol concentration over 80mg.

He argued that his s. 9 Charter rights were violated when police randomly stopped his vehicle in a private parking lot without reasonable suspicion.

The Summary Conviction Appeal Court dismissed the appeal, holding that the common law police power to randomly stop vehicles to check driver sobriety, as established in Dedman, applies on private property and does not require individualized reasonable suspicion.

Because the stop was lawful under common law, it was not an arbitrary detention.