Gordon's Case — Weapons Charges — Bail

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, and possession of a prohibited weapon

Background:  The police stopped Gordon as he drove away from the known hangout of a local motorcycle club. He could not produce his car insurance, his car registration, or his identification. Then he lied to the police about his name. The police arrested and searched him. They found a loaded 45-calibre handgun tucked in his pants. He had two other illegal weapons within arm's length. He was charged with various weapons offences. The police held Gordon in custody, and that's where the Crown wanted him to stay. Gordon was entitled to a bail hearing, but his lawyer was in Ottawa, and was unavailable to attend his bail hearing.

READ THE POLICE REPORT

Goal:  Gordon's lawyer hired me to secure Gordon's release from custody.

Strategy:  At first glance, the Crown's case looked strong — something very unhelpful at a bail hearing, especially when the charges are this serious. But there was a silver lining. Gordon's defence jumped out from the police report. The police had stopped and searched him illegally, there being no Highway-Traffic-Act purpose for the stop. If the Judge threw out the evidence at trial, Gordon would be acquitted of all charges. Getting to trial, however, would take months. I planned to argue that it would be unfair to keep Gordon in custody on charges that might be dismissed at trial.

Results:  At the bail hearing, two persons testified on Gordon's behalf as proposed sureties. Afterwards, I made extensive submissions about how, at trial, the the Crown's case would be undermined because of the illegal stop and searches. The hearing took the full day. As the Justice was about to give her decision, the tension hung heavy in the air. But relief was at hand. The Justice agreed that there were "triable issues" and that Gordon could be released. She ordered that he enter a Recognizance of Bail in the amount of $60,000, though with strict conditions.

READ THE JUSTICE'S RULING AT THE BAIL HEARING

Post-Script:  Seven months later, Gordon's lawyer got all the charges withdrawn.