The appellant appealed his conviction for possession of a loaded prohibited weapon and his sentence of 3.5 years' imprisonment.
He argued that his takedown and search by police breached his ss. 8 and 9 Charter rights.
The Court of Appeal dismissed the conviction appeal, finding the police lawfully exercised their common law power of investigative detention in a volatile situation involving a firearm.
On the sentence appeal, the Court found the trial judge erred in denying enhanced credit for pre-sentence custody merely because the appellant pursued a weak Charter motion.
The Court granted enhanced credit at a ratio of 1.5:1 due to harsh remand conditions and ineligibility for remission, reducing the remaining sentence.
The constitutionality of the mandatory minimum sentence was deemed irrelevant as the 3.5-year sentence was otherwise fit.
