Canada Case Law

R. v. Imbeault-Bachand

Court

Supreme Court of British Columbia

The court accepted the joint submission under Anthony‑Cook, imposed a global sentence of 3.5 years (1,277 days) with the specified concurrent and consecutive breakdowns for indictments 77987‑2 and 79985‑2, credited pre-trial custody at 1.5x (519 days = 779 days) leaving 498 days remaining, and ordered ancillary measures including forfeiture, a 10‑year weapons prohibition and a DNA sample as in the joint submission.

Source excerpt

• Possession of prohibited firearm
• Possession of firearm while prohibited
• Operating while pursued
• Dangerous operation of a motor vehicle
• Pre-trial custody credit
• Gladue factors

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R. v. Khouchaba

Court

Supreme Court of British Columbia

The court accepted a joint sentencing submission and imposed a 3-year global jail term for unlawful possession of a loaded prohibited firearm and a prohibited magazine.

• Possession of prohibited firearm
• Possession of prohibited device (magazine)
• Joint sentencing submission
• Firearms prohibition order
• Dna designation order
• Forfeiture of offence-related property

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R. v. Buchanan

Court

Supreme Court of British Columbia

The court sentenced Mr. Buchanan to 30 months for unlawful firearm possession and 6 months concurrent for possession without registration, rejecting a conditional sentence.

• Possession of prohibited firearm
• Possession of firearm without registration
• Conditional sentence
• Denunciation and deterrence
• Pre-sentence custody credit
• Firearms-possession

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R v. Caldi

Court

Supreme Court of Nova Scotia

The court accepted the joint recommended sentences because they appropriately reflected denunciation and deterrence, accounted for aggravating factors (serious, life‑threatening violence and weapons), gave weight to the offender's criminal record, and balanced mitigating evidence including addiction, mental health issues and culturally informed rehabilitation prospects (IRCA); the totality principle supported the specific concurrent and consecutive structure producing a 9‑year aggregate, with an agreed 1.5:1 credit for 2 years 8 months remand reducing the go‑forward term to 6 years 4 months,…

Source excerpt

• Aggravated assault
• Possession of prohibited weapon
• Possession of prohibited firearm
• Breach of release order
• Assault on a peace officer
• Guilty plea

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R. v. Kovacs

Court

Supreme Court of British Columbia

Oral reasons for sentence in a drug and firearms case: concurrent terms for trafficking counts, consecutive terms for weapons offences, and 1,416 days remaining after credit.

• Possession for purpose of trafficking
• Possession of prohibited firearm
• Possession contrary to court order
• Totality principle
• Pre‑sentence custody credit
• Ancillary orders (firearms prohibition, dna, forfeiture)

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R. v. Buchanan

Court

Supreme Court of British Columbia

The court rejected the accused’s innocent-possession defence to firearm charges, found his account implausible and inconsistent, and convicted him on two counts.

• Possession of firearm
• Innocent possession
• W.(d.) credibility framework
• Possession of prohibited firearm
• Ammunition
• Pointing a firearm

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R. v. Boreland-Goode

Court

Court of Appeal for Ontario

The appeal is dismissed because the juror's note did not raise a legal question or show a misapprehension of law, the jury resolved its deliberative issues and returned unanimous verdicts confirmed on poll, and any asserted juror expertise could not have prejudiced the constructive possession finding; minor discrepancies in a witness's memory about purchase dates did not undermine the uncontradicted evidence linking the appellant to the vehicle and the firearm.

Source excerpt

• Possession of prohibited firearm
• Constructive possession
• Juror communications
• Jury deliberations and verdict
• Criminal prohibition order s.109

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R. v. Belcourt

Court

Supreme Court of British Columbia

The court found Brittany Belcourt guilty of possessing cocaine for trafficking and a loaded prohibited firearm after concluding the items in her purse were knowingly under her control.

• Possession
• Possession for the purpose of trafficking
• Possession of prohibited firearm
• Circumstantial evidence
• W.(d.) credibility framework
• Circumstantial-evidence

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R. v. Mombourquette

Court

Nova Scotia Provincial Court

A global custodial sentence of three and one-half years (42 months) is fit and proportionate: individual sentences set at 2.5 years for trafficking cocaine (s.5(1) CDSA), 18 months concurrent for possession of heroin for the purpose of trafficking (s.5(2) CDSA), 6 months concurrent for possession of proceeds of crime (s.354(1)(a) CC), and 1 year consecutive for possession of a prohibited firearm (s.95(1) CC); reduction from a 6 year aggregate is justified by the offender's youth, lack of record, early guilty plea, demonstrable rehabilitation and the principles of restraint and totality while…

Source excerpt

• Trafficking
• Possession for the purpose of trafficking
• Possession of proceeds of crime
• Possession of prohibited firearm
• Sentencing principles
• Totality

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R. v. West

Court

Supreme Court of British Columbia

Sentencing decision for a planned drive-by shooting and related firearm and drug offences. The court applied Gladue factors, imposed custody, and made weapons, DNA, and forfeiture orders.

• Discharge of firearm
• Possession of prohibited firearm
• Dangerous operation of a vehicle
• Breach of firearms prohibition
• Possession of controlled substances
• Gladue factors and fasd

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