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

Read case analysis

R. v. Shirizadeh

Court

Court of Appeal for Ontario

The Court of Appeal upheld an 18-year global sentence for serious firearm offences after finding no error in the sentencer’s weighing of aggravating and mitigating factors.

• Discharge of firearm with intent to avoid arrest
• Possession of firearm while prohibited
• Possession of explosive substances
• Dangerous driving
• Consecutive sentencing
• Totality principle

Read case analysis

R. v. Soderberg

Court

Supreme Court of British Columbia

The court imposed a five-year global sentence for multiple firearms, driving, and breach offences, giving weight to Gladue factors, rehabilitation prospects, and pre-trial credit.

• Possession of loaded restricted/prohibited firearm
• Possession of firearm while prohibited
• Occupying a motor vehicle with firearm
• Operating a vehicle while prohibited
• Breach of release order
• Gladue factors

Read case analysis

R. v. Bradley

Court

Supreme Court of British Columbia

Sentencing reasons in R. v. Bradley for reckless firearm discharge and possession while prohibited. The court imposed a global sentence of 4.5 years plus ancillary orders.

• Reckless discharge of firearm
• Possession of firearm while prohibited
• Ancillary orders
• Dna order
• Firearms prohibition
• Sentencing

Read case analysis

R. v. Vigneault

Court

Supreme Court of British Columbia

Sentencing decision imposing a global 14-year penitentiary term for break and enters, a shooting causing permanent injury, and firearms offences.

• Break and enter
• Aggravated assault
• Discharging a firearm
• Possession of firearm while prohibited
• Pretrial custody credit
• Victim impact

Read case analysis

R. v. Dwyer

Court

Supreme Court of British Columbia

Sentencing on guilty pleas for firearm and drug offences. The court accepted a joint submission, imposed a three-year global sentence, and ordered forfeiture and a weapons prohibition.

• Possession of firearm while prohibited
• Possession of controlled substances
• Weapons prohibition under s.109 criminal code
• Forfeiture under s.491 criminal code and s.16 controlled drugs and substances act
• Pre-sentence custody credit
• Joint sentencing submission

Read case analysis

R. v. Currie

Court

Nova Scotia Provincial Court

Court accepted the joint submission and imposed a four‑year federal custodial sentence for break and enter and theft involving firearms, concurrent four‑year and one‑year terms for the related counts, imposed a lifetime prohibition on possessing firearms under s.109, ordered a primary designated offence DNA collection, imposed small fines and victim surcharges with 72 months to pay, ordered no contact while in custody with the victim and recommended addiction counselling.

Source excerpt

• Break and enter
• Theft of firearms
• Possession of firearm while prohibited
• Firearm prohibition orders
• Dna collection orders
• Concurrent sentencing

Read case analysis

R. v. Pigeon and Pigeon

Court

Supreme Court of British Columbia

Sentencing reasons for two brothers who pleaded guilty to theft, possession of stolen property, firearms and related offences, with concurrent jail terms, probation, and firearm bans.

• Theft
• Possession of stolen property
• Assault of a police officer
• Possession of firearm obtained by crime
• Possession of firearm while prohibited
• Dangerous operation of a motor vehicle

Read case analysis

R. v. Grant

Court

Court of Appeal for Ontario

Even if the detention was arbitrary, the evidence was admissible because the s.24(2) analysis favoured admission: the police conduct was not in bad faith, the detention was brief and minimally intrusive in a public high-crime area with a reduced expectation of privacy, the evidence was reliable and probative and exclusion would unduly harm the repute of the administration of justice.

Source excerpt

• Search and seizure
• Detention
• Charter s.8
• Charter s.9
• Charter s.10(b)
• Section 24(2) exclusion

Read case analysis

R. v. Jones

Court

Court of Appeal for Ontario

Although the trial judge erred in focusing almost exclusively on rehabilitation and in the conduct of the sentence hearing, the majority concluded that on the present record (including fresh evidence of the respondent’s compliance and progress) the conditional sentence should be upheld because continued community-based rehabilitation under strict conditions better serves both the respondent’s rehabilitation and the public interest than immediate incarceration; the dissent would have set aside the conditional sentence and imposed additional custody given the deliberate possession while under a…

Source excerpt

• Conditional sentence
• Possession of firearm while prohibited
• Probation
• Public safety
• Denunciation
• Specific and general deterrence

Read case analysis