T. Di Muzio

The accused, Ashton Bell, faced serious firearms charges and brought a Charter application under s. 24(2) to exclude evidence (a firearm) alleging breaches of ss. 8, 9, 10(a), and 10(b), primarily due to racial profiling during a traffic stop, search, and arrest.

The Crown conceded a s. 10(b) breach (delay in access to counsel) but argued for admission of evidence.

The court found no racial profiling or s. 8/9 breaches, but confirmed the s. 10(b) breach.

Applying the Grant test, the court determined that admitting the firearm would not bring the administration of justice into disrepute, given the less serious nature of the breach, minimal impact on the accused, and high societal interest in adjudicating serious firearms offences.

The evidence was admitted, leading to conviction on all charges.

Jahrell Edwards pleaded guilty to unauthorized possession of a loaded restricted handgun.

The Crown sought a three-year penitentiary sentence, while the Defence argued for a conditional sentence, emphasizing the impact of anti-Black racism and social context on the offender, as per R. v. Morris.

The court considered the gravity of the offence, Mr. Edwards' personal circumstances, and numerous mitigating factors, including his lack of prior record, stable employment, and engagement in counseling.

The judge found that a conditional sentence of two years less one day, to be served in the community, followed by 24 months probation, was the proportionate sentence, prioritizing rehabilitation and restraint while still addressing denunciation and deterrence.