October 30, 2025
G.J. was charged with two counts of possession of firearm. G.J. was the passenger in a vehicle that was stopped by the York Regional Police for driving “aggressively”. The investigating officer is said to have smelled cannabis and observed a small amounts of residue in the centre console.
When question about the smell, the G.J. advised they were smoking at the party earlier. Further officers were called to scene, and eventually conducted a search under the Cannabis Control Act (“CCA”). G.J., along with the three co-accused, were removed, one by one, from the vehicle and searched, revealing nothing of evidentiary significance. A search of the vehicle itself revealed one firearm on the rear floor. A search warrant was obtained, during which a second firearm was located under the driver’s seat.
An application was filed by Mr. Fedorowicz under the Charter of Rights and Freedoms to exclude all the evidence based on violations of the G.J.’s right to be free from unreasonable search and right to counsel. Specifically, there was no basis to conduct a search under the CCA (that the stop of the motor vehicle for “aggressive” driving was an unlawful ruse and that the police observation of cannabis residue was unreliable) and that the officers failed to advise G.J’s of his right to counsel once he was removed from the vehicle.
All charges dismissed. Based on Mr. Fedorowicz cross-examination the police witness – which identified significant issues with their reliability and credibility – the charges were withdrawn by the Crown Attorney mid trial.