December 9, 2024
D.D.’s vehicle was stopped by the police travelling down Highway 401. The police detected the odour of cannabis and commenced a search under Cannabis Control Act. D.D., who was driving, along with two passengers were removed. During the search of the vehicle, police discovered two loaded firearms, along with a taser and other items (ski masks, duct tape and zip ties) which the Crown argued were consistent with a joint criminal enterprise.
As a result, D.D., along with the two co-accused faced multiple charges, including unlawful possession of the firearms.
Mr. Fedorowicz pointed to and established the lack of evidence of D.D.’s possession. First, although D.D. was the driver of the vehicle, there was no evidence that D.D. could see the firearms. (The first was located inside a satchel positioned where the front passenger was sitting; while the second firearm was located in a bag located in the rear seat.);
Second, the Crown’s position that D.D., along with the two passengers, were engaged in joint criminal enterprise (essentially that they were on their way to commit a crime, so that all three were in possession of the firearms inside the vehicle) was a speculative theory that had no foundation in the evidence (for example, the zip ties and duct tape were common household items);
Lastly, there was no forensic evidence (fingerprints and/or DNA) that connected D.D. to the firearms. As a result, there was no evidence that D.D. had ever touched or even seen the firearms. In short, Crown’s case was weak and, as a result, the charges had to be dismissed.
D.D. found NOT GUILTY of all charges.