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Ontology: Ontario Court of Appeal allows a motion-to-strike appeal in part and grants leave to amend a negligence claim tied to Firearms Act licensing.
Appeal from firearm convictions dismissed. The Court held the trial judge correctly assessed circumstantial evidence and rejected an abandonment theory as speculative.
The court rejected the accused’s innocent-possession defence to firearm charges, found his account implausible and inconsistent, and convicted him on two counts.
Windsor?
The court accepted a joint submission and imposed a two-years-less-a-day conditional sentence order, plus 18 months’ probation, for firearms offences.
The Court of Appeal held the trial judge did not err: he did not reverse the onus by attributing memory gaps to trauma, appropriately considered demeanour and lack of embellishment as contextual credibility factors alongside independent confirmatory evidence (photographs of injuries and discovery of gun and ammunition), and provided adequate reasons linking the evidence to the convictions; the unsafe storage convictions were properly supported by a marked departure from the standard of care.
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The court acquitted James Cole Kennelly of firearms and cocaine possession charges, finding the Crown had not proved knowledge needed for constructive possession.
The court allowed a summary conviction appeal, holding the Provincial Court’s firearms-storage finding lacked notice and adequate reasons, then remitted the matter.
The court acquitted on attempted murder and two firearm/driving counts, but convicted on reckless firearm discharge, weapon possession, flight from police, and mischief offences.
Court found no Charter s.10(b) breach; identification of the shooter was established beyond a reasonable doubt by multiple credible witnesses and corroborating video/timeline evidence; on a modified objective standard a reasonably prudent trained/licensed handler would have taken precautions not taken by accused; accused's transport, concealment, handling, pointing and trigger pulls with a loaded restricted/prohibited handgun, together with lack of licence, constituted wilful blindness/recklessness and a marked and substantial departure from the required standard, establishing criminal neglig…
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