R. v. Douse, 2026 ONCJ 518 (CanLII)

Criminal and statutory offences — Sentencing — Firearm offences — Criminal Code, s. 95(1) — Possession of a restricted firearm, loaded, without a licence — Aggravating and mitigating factors, public place, guilty plea, no criminal record — Denunciation and deterrence balanced with rehabilitation — Conditional sentence imposedCriminal and statutory offences — Sentencing range — Parity and proportionality — Criminal Code, ss. 718, 718.1, 718.2 — What is a fit sentence and range for s. 95(1) in these circumstances — Mid-spectrum culpability, not associated with other criminal activity — Range includes 2 years less a day custody — Conditional sentence imposedCriminal and statutory offences — Conditional sentence — Statutory prerequisites — Criminal Code, s. 742.1 — Whether service in the community would endanger safety of the community — Whether conditional sentence is consistent with ss. 718 to 718.2 — Denunciation and deterrence paramount, rehabilitation also important — Conditional sentence imposedCriminal and statutory offences — Sentencing — Social context evidence — Morris Report — Connection between racism endured and offence conduct — Judicial notice of systemic anti-Black racism and disadvantages — Whether moral culpability is reduced — Reduced moral culpability found, sentence crafted as proportionate and attentive to rehabilitation — Conditional sentence imposedCriminal and statutory offences — Ancillary orders — Firearms prohibition and DNA — Whether to impose forfeiture order, Criminal Code, s. 109 order for 10 years, and a DNA order — Consequences flowing from firearm conviction applied at sentencing — Forfeiture ordered, s. 109 order made, DNA order made