A long-awaited trial for a man accused of illegally stashing away a trove of guns began Tuesday with a challenge under the Charter of Rights and Freedoms.
Ryan John Moore, 27, pleaded not guilty to eight firearms-related counts as well as one count of possessing brass knuckles and one count each of possessing cocaine and heroin for the purpose of trafficking from a July 16, 2016 incident.
At question is whether the RCMP's subsequent search of the home was justified, whether Moore's arrest and detention were arbitrary and whether the reasons for his arrest were properly conveyed.
According to a summary of the event provided to B.C. Supreme Court Justice Joel Groves, a neighbour called 911 about a disturbance at a Lorne Crescent home that turned out to involve Moore and Kathleen Rose Slater.
RCMP officers made an initial search of the home and the surrounding area in search of Slater without success. One of the officers then made another more thorough search of the home, going to a downstairs office where a shotgun was seen.
Knowing Moore is prohibited from possessing firearms, the officer arrested him and took him back to the Prince George RCMP detachment. About five minutes after the arrest, Slater was found at another home "in less than a perfect state," the court was told.
After securing a search warrant, RCMP returned to look for more firearms and, in the process, found the drugs, which were then seized after police obtained a warrant under the Controlled Drugs and Substances Act.
RCMP ended up seizing four handguns - two fully loaded and one with a silencer - along with three long guns with ammunition, various bags of ammunition, two cans of bear spray and the brass knuckles.
Closed circuit cameras, a large amount of cash, four cell phones and drug trafficking paraphernalia were also among the items seized, according to RCMP.
Slater was also charged with several counts but they were later stayed. Moore, meanwhile, has remained in custody ever since his arrest.
In 2013, Moore was acquitted of similar charges related to a 2011 discovery of a cache of firearms in a 100-block Victoria Street home.
Some 2,000 rounds of ammunition, a loaded 12-gauge shotgun, five rifles, a restricted nine-millimetre handgun with ammunition, a restricted semi-automatic rifle and two prohibited magazines were found in the attic.
But Crown failed to prove beyond reasonable doubt that Moore knew of the weapons let alone that they were in his control and care. RCMP also neglected to take photos of the scene prior to removing the weapons.
However, Moore pleaded guilty to trafficking from the home. For that he was sentenced to time served plus two years probation and issued a 10-year firearms prohibition.
Testimony and arguments related to the Charter challenge, made by defence lawyer Justin Myers will occupy this week and, depending on a ruling from Groves on the matter, the trial proper will be held next week.
