W. Glenn Orr Q.C.

Jameal Johnson was found guilty by a jury of six offences including dangerous driving, various firearm offences (possession, pointing, discharging), and subsequently guilty by judge alone of possessing a firearm while prohibited.

The offences occurred in Toronto and involved a road rage incident where Johnson rammed the victim's vehicle and fired a handgun.

The court dismissed a pre-trial application to stay proceedings due to lost police interview evidence.

The sentencing judge considered aggravating factors such as the gravity of the offences, Johnson's lengthy criminal record (55 convictions, including prior firearm offences), and lack of remorse, balanced against mitigating factors including a "terrible" childhood and systemic anti-Black racism.

The Crown sought 13-15 years, while the defence sought 7-11 years.

The court imposed an effective sentence of 10 years imprisonment, comprising 6 years further imprisonment after accounting for 4 years of pre-sentence custody credit.

Ancillary orders included a DNA order, a lifetime firearm prohibition, a communication prohibition with the victim, and a three-year driving prohibition.

The accused, Jameal Johnson, brought a pre-trial Charter application seeking to quash search warrants, stay proceedings, and exclude evidence related to dangerous driving and firearms charges.

The court dismissed the application, upholding the validity of the search warrants and finding no basis to exclude evidence despite a s. 10(b) Charter violation regarding the right to counsel, as the violation was temporally and causally unconnected to the evidence sought to be excluded.