1. EXPERIENCE


“Not guilty” of Firearms related offences

  1. The defendant was charged with Possession of Loaded Restricted Firearm, Careless Carrying of a Firearm, Possession of a Weapon for the a Purpose Dangerous to the Public Peace, Unauthorized Possession, Possession While Unauthorized, Possession of a Firearm while Prohibited. A fight broke out at a busy night club in downtown Toronto.  Someone flashed a gun and the police were called.  When they arrived the party was shut down and they began searched everyone who left the club. At that point the Crown alleged that the defendant offered a manager of the club $200 to take something outside for him.  When the manager declined, the Crown maintained that G. hid two handguns in the area of a planter on the patio of the night club.  There was video of him acting suspiciously around the planter and two handguns were found in that exact location. G. was DISCHARGED of all offences relating to the first gun at the preliminary inquiry.  He was ordered to stand trial on the second gun.  On November 1, 2011 a judge sitting without a jury in the Superior Court of Justice found him “NOT GUILTY” of Possession of Loaded Restricted Firearm, Careless Carrying of a Firearm, Possession of a Weapon for the a Purpose Dangerous to the Public Peace, Unauthorized Possession, Possession While Unauthorized, Possession of a Firearm while Prohibited.


R. v. Y.

  1. Y. was charged with Possession Loaded Restricted Firearm, Careless Storage of a Firearm, Possession of Cocaine for the Purpose of Trafficking. The police stopped Y. while he was driving his friend’s car near King and Bathurst in Toronto. They claimed that they suspected him for a robbery. After stopping him in a parking lot they alleged that he began reaching into the center console of the vehicle so they arrested him and discovered a loaded handgun and crack cocaine hidden in the center console of the car. There were two defence raised at trial.  The first defence was that the police were not  being  truthful about the reason for stopping Y. and that the evidence should be excluded.  The second defence was that Y. did not legally possess the gun because he did not know it was in the console.  “NOT GUILTY” of Possession of Loaded Restricted Firearm, Careless Storage of a Firearm, and Possession of Cocaine for the Purpose of Trafficking.


R. v. P.

  1. P was charged with Possession of a Loaded Restricted Firearm, and Possession of Cocaine for the Purpose of Trafficking, Possession of Property Obtained by Crime. The police claimed that they saw him pay for gas with a large quantity of money so they ran his licence plate and determined that he was connected with someone who was wanted on a warrant.  They arrested him and discovered a small quantity of crack cocaine.  Then they applied for a search warrant for his apartment.  They told the Justice of the Peace that he had told them there was more crack in the apartment.  Mr. Gorham was able to establish that the police were lying about the supposed confession.  The trial judge found P “NOT GUILTY” of Possession of Cocaine for the Purpose of Trafficking, and Possession of Property Obtained by Crime. 


R. v. X.

  1. X. was charged with Possession of a Loaded of a Loaded Restricted/Prohibited Firearm. The police were in an apartment building enforcing the Trespass to Property Act when they encountered X. in the hallway. They asked him to prove his identity and he told them that he left his drivers licence in his apartment.  He invited them up into his apartment to retrieve the identification.  When the police entered the apartment they discovered a loaded restricted firearm in plain view on top of the refrigerator.  That morning X. had made plans to play video games with one of his good friends.  While they were walking to the store to get chicken wings they ran into an acquaintance from high school and invited him to play.  After getting back to the apartment they realized that they needed rolling papers so X. went down a few floors to ask one of his neighbours if they had any rolling papers.  That’s when he met the police. Unbeknown to him, while he was gone from the apartment his acquaintance from high school had put the gun on the fridge.  His acquaintance was called as a witness by the Crown and the defence was able to establish that he was not being honest. The jury found X. “NOT GUILTY” of Possession of a Loaded Restricted/Prohibited Firearm.


R. v. K.

  1. K. was charged with Possession of Loaded Restricted/Prohibited Firearm. The police obtained a search warrant to search for a stolen MP3 player.  During the search they found a loaded handgun in a jacket hanging in the closet.  The closet was full of mens clothing, including a pair of jeans that belonged to M. and contained his wallet. The apartment belonged to K.’s girlfriend, who had a teenage son.  He and several of his friends were hanging out in the apartment earlier that day.  K. did not know there was a gun in the closet.  At trial  the defence was able to establish that the Crown did not have sufficient evidence to prove that K. had knowledge and control of the gun. The trial judge found K “NOT GUILTY” of Possession of Loaded Restricted Firearm.


R. v. H.

  1. H. was charged with Possession of Loaded Restricted/Prohibited Firearm.  A police officer claimed that he saw a bulge on H.‘s waistband so he searched him and discovered a gun.  Mr. Gorham was able to prove that the officer did not see a bulge.  The officer’s evidence was rejected and H was found “NOT GUILTY” of Possession of a Loaded Restricted/Prohibited Firearm. 



R. v. V. and B

  1. V. and B. were charged with Possession of Loaded Restricted/Prohibited Firearm and Possession of Marijuana for the Purpose of Trafficking. The police stopped V and B. a few hours after their house had been robbed.  They searched the car because they thought maybe it was stolen during the robbery.  They found a loaded restricted handgun under the seat.  V. had gone to a night club earlier in the evening with several of his friends.  When they were approaching the door to be searched, one of his friends asked to go back to the car.  He said he had forgotten his ID.  Later in the evening B. got a call from his sister saying that their house had been robbed.  He left immediately without telling his other friends. “NOT GUILTY” of Possession of a Loaded Restricted/Prohibited Firearm after I was able to prove that the gun had been hidden by the friend who returned to the car.


*      All information is true but names are changed to protect the confidentiality of former clients.

NATHAN GORHAM 
TORONTO DEFENCE LAWYER
  1. TORONTO | FIREARMS | LAWYER


Nathan Gorham is a criminal lawyer in Toronto who defends gun and firearm related offences in Brampton, Newmarket and Whitby. Gun offences in Canada include: Possession of Loaded Restricted or Prohibited Firearm, Careless Storage of a Firearm or Ammunition, Possession While Unauthorized, Pointing or Discharging a Firearm.


There are several defences to gun/firearms offences.  First, the Crown must prove knowledge and control of the gun/firearm.  Second, there are several technical issues that the Crown must prove in any gun/firearm offence.  Finally, if the police violated a defendant’s right(s) then the gun/firearm be  excluded from the evidence at trial.  If you have been charged with a gun/firearm related offence in Toronto, Brampton, Newmarket, or Whitby contact Toronto Defence Lawyer, Nathan Gorham, at 416.410.4814 for a free consultation. 


Below you will find some of Toronto Criminal Lawyer, Nathan Gorham’s, experience defending gun/firearms related offences. 


  1. CONTACT


tel: 416.410.4814

fax: 416.598.3384

office: 416.598.1811

36 Lombard Street, Suite 100

Toronto, ON, M5C 2X3

gorham@criminaltriallawyers.ca

  1. THE LAW ON GUNS/FIREARMS IN CANADA


The Criminal Code includes many offences relating to guns/firearms including: Unauthorized Possession of A Firearm, Possession of a Firearm Knowing that not Authorized, Possession of Loaded Restricted/Prohibited Firearm, Careless use or Storage of a Firearm, Discharging a Firearm, and many others.  For each offence the Crown must prove several essential elements beyond a reasonable doubt.  Many of the elements are very technical whereas others are based on common sense. For example to prove possession the Crown must prove that the defendant knew the firearm was present and that the defendant had a measure of control over the firearm.


If you have been charged with a gun or firearm related offence in Toronto, Brampton, Newmarket or Whitby it is important that you contact a lawyer who is experienced in defending gun/firearm offences.  Mr. Gorham is a criminal lawyer in Toronto who defends gun/firearms offences in Toronto, Brampton, Newmarket and Whitby.  Contact 416.410.4814 or gorham@criminaltriallawyers.ca for a free consultation.

DEFENCES

The following defences may be available to Gun and Firearm offences:
Lack of knowledge
Lack of control
Exclusion of the evidence due to a Charter violation
Other technical defences


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