Halifax firearm case goes to Supreme Court of Canada

Discussion in 'Civil Liberties Issues' started by 4Rules, Nov 24, 2012.

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  2. SCC Case Information



  3. The Supreme Court of Canada issued a 4-3 decision Friday upholding Erin Lee MacDonald's careless use and dangerous weapon convictions, but also restoring his unlawful possession conviction. The court denied MacDonald a "defence of ignorance of the law" on the unlawful possession charge, and ordered the Nova Scotia Court of Appeal to examine whether the three-year mandatory minimum sentence was constitutional.
  4. The court disagreed that Erin Lee MacDonald had been subject to unreasonable search when, in December 2009, police responded to a noise complaint at his condominium at Bishop’s Landing. MacDonald opened his door partway to police, but an officer pushed it open further to get a look at what he was holding behind his leg, according to the Nova Scotia Court of Appeal decision in the case.
    Once police realized it was a gun, they rushed inside and subdued MacDonald. He was later convicted on a charge of unauthorized possession of a loaded, restricted firearm, careless use of a firearm and possessing a weapon for a dangerous purpose.

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