Gordon's Case — Weapons Charges — Police Report

Client:  Gordon T., Accused
Complainant:  Toronto Police Force, 31 Division

Charges:  Possession of a Restricted Firearm with Ammunition; Possession of a Restricted Weapon obtained by Crime; Weapons Dangerous (3x); Carry Concealed Weapon; Unauthorized Possession of a Restricted Weapon; Possession of Property obtained by Crime; Possession of a Prohibited Weapon

Police Report:  On Saturday, the 25th day of March 2000, members of the Ontario Provincial Police were conducting surveillance in the area of Steeles Avenue West and Norfinch Drive in the City of Toronto.

The Officers were conducting surveillance on known members of the *** motorcycle gang who had been at the D*** Hotel on the north side of Steeles Avenue.

At approximately 1:45 p.m., the Officers observed two males leaving the hotel in a blue Ford Mustang, bearing Ontario licence A*** 8**. These two unknown males drove a short distance away to a restaurant on Steeles Avenue, just east of Norfinch Drive.

The Officers flagged down a marked Toronto Police Cruiser, and requested the Officer to stop the vehicle in question to identify the two occupants as associates of organized crime.

The passenger exited the vehicle at the restaurant after removing a gym bag from the trunk of the vehicle. The driver then drove off and was stopped by the uniformed Officer in the marked police vehicle.

The vehicle was driven by the Accused and the Officers requested to see his driver's licence, the vehicle ownership, and valid proof of insurance for the vehicle.

The Accused was unable to produce a driver's licence, the ownership for the vehicle, or proof of insurance. The Accused indicated he had no identification with him and supplied the Officers verbally with the name G*** T., date of birth 197*-06-21.

The Accused then supplied a second name different from the first. The Accused was unable to provide details as to the owner of the vehicle except for the first name. The Accused was being evasive and the Officers did not believe the name he supplied was factual.

The Officers then placed the Accused under arrest for failing to identify himself under the Highway Traffic Act.

The Officers took physical control of the Accused and handcuffed him. The Officers then conducted a brief search of the Accused. The Officers checked the pockets of the Accused and then lifted up the rear of the black nylon vest he was wearing.

At this point, the Officers discovered a fully-loaded, 45 calibre, semi-automatic handgun concealed in the waistband in the small of the back. The Officers seized the handgun and secured it for prints. The Accused had no licence or other authorizing document that would allow him to carry this restricted weapon concealed or otherwise possess it.

The Officers conducted a search of the interior area of the vehicle in proximity to where the Accused was arrested. The Officers located a gym bag containing men’s clothing. The Officers located two magazines for the handgun that was seized and the magazines were fully loaded with 45 calibre ammunition (9 rounds in each magazine).

The Accused, at the time of his arrest, had a key ring in his right front pants pocket. Attached to the key ring was a black coloured metal bar approximately 4 and a half inches in length. The Officers took a closer look at this item and discovered that it unscrewed into two sections and concealed inside was a knife blade. This type of knife falls within the prohibited category under the Criminal Code.

The Officers also located an expandable baton, similar to that used by law enforcement officers, in the passenger's door map pocket. This weapon was within easy reach to the driver.

The firearm seized from the Accused was a Smith and Wesson model 4***, bearing serial number TDC 7***. This firearm was reported stolen to Ottawa Carleton Police on the 1st of February 1997.

The Accused was arrested and detained pending a show-cause hearing.

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