S. Scratch

The offender, who was 18 years old at the time of the offences, was sentenced for attempted murder, conspiracy to commit forcible confinement, unauthorized possession of a loaded firearm, possession of a firearm while prohibited, and trafficking in a controlled substance.

The court considered the offender's cognitive impairments, background of poverty, and harsh presentence custody conditions as mitigating factors against the serious aggravating factors of the offences, which included a home invasion and the use of a firearm.

Applying the totality principle, the court imposed a global sentence of 14 years, which was reduced to 8 years and 3 months after applying credit for presentence custody.

The applicants brought a pretrial motion challenging a search warrant and a Part VI wiretap authorization.

The court found that the applicant had standing to challenge the search warrant for a short-term rental unit, as he could rely on the affiant's theory in the Information to Obtain (ITO) which alleged he rented the unit.

The court also held that the applicants do not require leave to cross-examine officers regarding the 'resort-to' provision of the wiretap authorization, as the Crown bears the burden of establishing lawful interception when a Charter challenge is raised.

The defendants were convicted of recklessly discharging a restricted firearm, and one defendant was additionally convicted of drug trafficking and other firearm offences.

The court determined that the five-year mandatory minimum penalty applied to the discharge offence.

After considering aggravating factors, mitigating factors including harsh pre-sentence custody conditions at the Toronto South Detention Centre, and the principle of totality, the court sentenced Mr. Jama to five years (reduced to four years, three months, and three weeks after credit) and Mr. Farah to a total of six years and 10.5 months (reduced to two years less a day after credit, plus probation).

The offenders were convicted of firearms trafficking and related offences committed in association with a criminal organization that imported firearms from the United States to Toronto.

The Crown sought sentences of 9 and 12 years, while the defence sought 4 and 6-8 years.

The court emphasized denunciation and deterrence given the severe risk firearms pose to the community, while also considering the offenders' lack of prior records and prospects for rehabilitation.

The court sentenced the first offender to 6 years and the second offender to 9 years in custody, with credit given for pre-sentence custody and stringent bail conditions.

The five defendants were charged with numerous offences including drug trafficking, firearms possession, discharging a firearm, and criminal organization offences arising from a lengthy police investigation known as Project Patton.

The Crown relied heavily on intercepted communications.

The court found several defendants guilty of various drug trafficking and firearms possession charges, as well as discharging a firearm in relation to a March 24, 2018 shooting.

However, the court acquitted the defendants of attempted murder, the April 30, 2018 shooting, and the criminal organization charges, finding insufficient evidence of structure to constitute a criminal organization and reasonable doubt regarding the identity of the shooter in the April incident.

The accused, Bill Allison and Kamar Cunningham, were charged with multiple offences related to firearms trafficking and participation in a criminal organization following a police investigation dubbed 'Project Patton'.

The Crown alleged that the accused were involved in importing firearms from the United States and distributing them in Toronto.

The court relied heavily on intercepted communications using coded language.

Mr. Allison testified, claiming he only received firearms for personal use, but his evidence was rejected.

Mr. Allison was found guilty of firearms trafficking, offering to transfer a firearm, and conspiracy.

Mr. Cunningham was found guilty of firearms trafficking, participating in a criminal organization, and possession for the purpose of transferring, but was acquitted of conspiracy due to reasonable doubt about his membership.