Highway 527 traffic stop leads to handgun seizure and charges against three
SHUNIAH, Ont. — Three people face multiple firearm and proceeds-of-crime charges after Ontario Provincial Police officers stopped a vehicle on Highway 527 north of Thunder Bay.
Police allege officers seized a handgun, cellphones, Canadian currency and drug-related paraphernalia during the investigation. The OPP did not report seizing drugs or announce any drug charges.
The case has regional significance because Highway 527 begins near Highway 11/17 in Shuniah and provides a north-south connection between the Thunder Bay area and Armstrong.
OPP traffic stop prompts firearms investigation
The Thunder Bay OPP detachment said members of its Community Street Crime Unit conducted the traffic stop shortly after 1 p.m. on Tuesday, July 14.
After officers spoke with the driver, an investigation began with assistance from the OPP Provincial Guns and Gangs Enforcement Team.
Police said the search resulted in the seizure of:
- A handgun;
- Cellphones;
- Canadian currency; and
- Drug-related paraphernalia.
The OPP did not disclose the amount of money seized, provide further information about the handgun or explain what prompted the initial traffic stop.
Three accused face eight charges each
Police arrested and charged:
- Jaylen Caesar, 19, of Brampton;
- Dante Forbes, 18, of Brampton; and
- Roseanna Kwandibens, 36, of Whitesand First Nation.
Each accused is charged with:
- Possession of proceeds of property obtained by crime over $5,000;
- Possession of a loaded prohibited or restricted firearm;
- Unauthorized possession of a prohibited or restricted firearm;
- Being an occupant of a motor vehicle knowing there was a prohibited or restricted weapon inside;
- Careless storage of a firearm, weapon, prohibited device or ammunition;
- Unauthorized possession of a weapon;
- Possession of a weapon for a dangerous purpose; and
- Possession of a firearm knowing its possession was unauthorized.
What the charges mean under the Criminal Code
The OPP release did not provide Criminal Code section numbers. Based on the wording used by police, the allegations appear to correspond with the following provisions:
- Possession of proceeds of crime over $5,000: Sections 354 and 355 apply to property obtained through an offence. When the value exceeds $5,000, the charge is hybrid. If prosecuted by indictment, the maximum penalty is 10 years in prison.
- Possession of a loaded prohibited or restricted firearm: Section 95 applies to a loaded prohibited or restricted firearm, or an unloaded firearm with readily accessible ammunition, when the required authorization, licence or registration certificate is absent. The indictable maximum is 14 years.
- Unauthorized possession of a firearm or prohibited weapon: Section 91 covers possessing a firearm, prohibited weapon, restricted weapon, prohibited device or prohibited ammunition without the required licence or registration. The indictable maximum is five years.
- Occupant of a motor vehicle knowing a weapon is present: Section 94 applies when someone knowingly occupies a vehicle containing a firearm, prohibited weapon, restricted weapon, prohibited device or prohibited ammunition without lawful authorization. The indictable maximum is 10 years.
- Careless storage or handling: Section 86 covers careless use, carrying, handling, transportation or storage of firearms, weapons or ammunition. A first indictable conviction carries a maximum of two years, increasing to five years for a subsequent offence.
- Possession of a weapon for a dangerous purpose: Section 88 prohibits possessing or carrying a weapon for a purpose dangerous to the public peace or for committing an offence. The indictable maximum is 10 years.
- Knowing possession is unauthorized: Section 92 applies where the prosecution alleges a person possessed a firearm or prohibited weapon while knowing they were not legally authorized to do so. The offence is indictable and carries a maximum penalty of 10 years.
How sentencing ranges are determined
Most of the listed charges are hybrid offences, meaning the Crown may choose to proceed by summary conviction or indictment.
Unless another penalty is specified, a summary conviction can carry a fine of up to $5,000, imprisonment for up to two years less a day, or both. Indictable proceedings expose an accused to the higher maximum penalties listed above.
Those maximum penalties are not predictions of the sentences that would be imposed. Sentencing is determined only after a guilty plea or conviction and depends on factors including the circumstances of the offence, the accused’s criminal record, the classification and accessibility of the firearm, the degree of public risk, mitigating circumstances and the total number of convictions.
Courts may impose non-custodial penalties where legally available or periods of incarceration. Firearms offences involving an allegedly loaded handgun are treated seriously, but no sentence can be assessed until the allegations are proven and the court has the full facts.
Court appearance and presumption of innocence
The three accused are scheduled to appear before the Ontario Court of Justice in Thunder Bay at a later date. Police did not provide a specific court date or information about their release or detention status.
The charges have not been proven in court. Caesar, Forbes and Kwandibens are each presumed innocent unless proven guilty beyond a reasonable doubt in a court of law.
Reporting suspicious activity
The OPP asks anyone who witnesses an emergency or an immediate threat to public safety to call 911.
Non-emergency information can be reported to the OPP at 1-888-310-1122.
Anonymous information may be provided to Crime Stoppers at 1-800-222-8477 (TIPS).
