Toronto Criminal Lawyer

Firearms & Harassment — Toronto Defence Lawyer

Client:  P.S., Accused
Complainants:  his sister's ex-boyfriend; the Toronto Police Service
Charges:  criminal harassment, careless transport firearm, weapons dangerous, etc.

The Queen v. P.S.
Ontario Court of Justice, Toronto
Judge Weinper
(conditional discharge: 27 September 2011)

Crown:  C. Rogozinkski, Office of the Crown Attorney, Toronto
Defence:  Craig Penney, Criminal Defence Lawyer, Toronto

¶ 1  THE COURT:  Okay, P.S., you are facing some very serious charges, as you know. And this is a very favourable resolution because of the efforts of your lawyer. But, I do not know if it was immaturity or what it was that would ever compel you to drive around in your motor vehicle with your gun, your shotgun, in the vehicle. So, that anyone leaning into the car could see the stock of a shotgun. That is contrary to every shred of common sense I could imagine a hunter would have, with respect to his weapons. And you came very close to having a firearms prohibition, possibly for up to ten years because of that. And I understand you are a hunter and that you hunt on your grandfather's property or your father's?

¶ 2  CLIENT:  No. My father's.

¶ 3  THE COURT:  On your father's property and why you would ever want to risk that. And why any citizen would think that it is appropriate to transport their gun that way is just beyond me. I hope this is been a big wake up call for you, and Mr. Penney has worked hard to figure out how to resolve this short of a trial. So, if you are wishing to enter into these programs and take some education with respect to your firearm, I do not think in those circumstances, especially since you do not have a record, that it would be contrary to the public interest and certainly would be in your interest to grant a discharge. The Crown is seeking a suspended sentence and probation, and certainly that — could have been possibility as well; certainly within the realm of possibilities. So, I am going to grant a discharge and place you on probation for twelve months. You are to report to and be under the supervisions of a Probation Officer. You are to keep the peace and be of good behaviour. You are not to possess any firearms until you successfully complete, to the satisfaction of your Probation Officer, the following firearms safety courses. One, the hunter education course and two, a firearms safety course.

¶ 4  Further, you are not to possess — you are not to have any firearms in your residence. And you are — let me just rephrase this — after completion of the firearms safety courses, you are still not to have possession of any firearms unless you are in the company of your father. Do you understand?

¶ 5  CLIENT:  Yes, I do.

¶ 6  THE COURT:  And you are to have no contact or communication, directly or indirectly with [the complainant], nor are you to attend within a hundred meters of his address. Any other conditions being sought?

¶ 7  CROWN:  No, I haven't.

¶ 8  MR PENNEY:  No, Your Honour.

¶ 9  THE COURT:  Thank you, very much. Anything else? The remaining charges?

¶ 10  CROWN:  Withdrawn please, Your Honour.

¶ 11 THE COURT:  Okay, Thank you.

¶ 12  CROWN:  Thank you.

¶ 13   MR PENNEY:  Thank you, Your Honour. I'll advise the Trial Coordinator, Your Honour, regarding the vacated trial time. She's waiting.

¶ 14  THE COURT:  Okay. Thank you. Good luck.