Possession of a Firearm, and Fentanyl

R. v. R.L. | HAMILTON

Client charged with a firearm found in the back of his friends vehicle after they both fell asleep in the car, parked on a residential street.  The Crown withdrew the firearm charges after months of negotiation but the feds pursued serious drug charges as the police alleged that the client discarded the drugs while handcuffed in the back of the cruiser.  It took a charter application challenging the initial detention and arrest, combined with the police failure to provide rights to counsel, but after a two year battle we were ultimately successful in having all charges stayed.

R. v. E.P.C. | TORONTO

Client tried to sleep off a night of partying in the front seat of his vehicle and ended up arrested for impaired driving.  The police conducted an inventory search of the car before towing it, and a loaded handgun was found in the back seat, in a satchel, containing the client’s passport.  After a 4 day trial in Ontario Court, the client was acquitted when the Crown failed to prove that he had knowledge and control of the gun in the car.