The Backpack on the Ground

Two officers saw the Accused riding a bicycle near a shopping mall wearing a distinctive backpack. He was arrested shortly afterwards. On the ground next to him police found a backpack containing a loaded sawed-off shotgun. He was also wearing a fanny pack, and inside it were controlled substances including fentanyl. He was charged with possession of a loaded prohibited firearm and with possession of the drugs for the purpose of trafficking. The Crown's case on the firearm was entirely circumstantial - nobody saw him open or carry the shotgun, and the backpack was on the ground rather than on his back when it was searched. The Defence argued that a bag on the ground in a public area near a mall could belong to anyone, and separately that the quantity of drugs was consistent with personal use.