D.M. and three of his friends were approached by police. D.M. was the passenger in a car. Police claimed they saw the butt of a handgun, poking out from beneath the driver’s seat. They arrested all of the people in the car. It turned out that the item in question was only a replica handgun, but there was a real gun under the passenger seat. At the preliminary inquiry, cross-examination of the police officers suggested that there was no way D.M. could have known about the gun under his seat. He was discharged at the preliminary inquiry.
This website is for informational purposes only and is not intended, nor should it be considered, to be legal advice. If you wish to obtain legal advice regarding a matter, please contact a lawyer. Accessing this website does not create a solicitor-client relationship. Communications through this website should not be considered confidential, as some electronic information may be routed outside of Ontario. Information provided will be treated with care, but it should not be considered privileged or confidential. Please do not send such sensitive information electronically. For more information or to obtain legal advice, please contact our office directly.