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City: Napanee, Ontario
Our Client: Mr. S.
Charge(s): Unauthorized Possession of Firearm, Drive Vehicle with Cannabis Readily Available and Possession of Unmarked Cigarettes
Lawyer:  Virginia Dolinksa
Virginia Dolinska - Criminal Lawyer Ottawa
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Case Study: Unauthorized Possession of Firearm, Drive Vehicle with Cannabis Readily Available & Possession of Unmarked Cigarettes-Charges Withdrawn

Background Allegations

Police was conducting general patrol duties and conducted a traffic stop of Mr. S. Upon approaching the vehicle, the officer observed a carton of peach stamp Oakdale cigarettes on the front passenger seat. As such, the officer made inquiries on the roadside and was quickly granted authorization under the Tobacco Tax Act to search the entire vehicle. During the search a rifle was located and seized from the back seat. Two bags of marijuana were also seized from the centre console of the vehicle in an open zip lock bags along with one rolled marijuana joint. There was another pack of Oakdale cigarettes in the back seat as well. The firearm was a bolt action rifle with ammunition. Mr. S. did not possess any firearm licence.


Mr. S. did not have a criminal record. The objective was to have his matter resolved without a criminal conviction.

The Strategy

It was very obvious from the initial review of how the traffic stop was conducted and what occurred after the fact, especially the search of the vehicle, that the Crown may be facing some difficulties with continuing the prosecution and seeking a conviction.


All charges against Mr. S. were withdrawn after making a charitable donation.

Please Note: Past results not predictive of future results.

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