The Men Who Were Not There
R v Vivian (2024)
Charge: Intentional discharge of a restricted firearm (s. 244.2(3)) and possession offences Court: Court of Appeal for Ontario Province: Ontario Heard on GUILTY or NOT?: 4 October 2026
The facts
The Accused rented a room at an Ottawa hotel. The receptionist thought he seemed agitated and put him in an empty wing of the building. Over the next two hours he telephoned police five times, reporting that three men had rappelled through his windows and were shooting at him. Officers attending found no window damage, no forced entry, and no sign of any intruder; some thought he might be experiencing a mental health crisis. At some point a hole appeared in the wall of the room. He was charged with intentionally discharging a restricted firearm, with firearm and taser possession offences, and with breaching a recognizance. At trial the defence called expert evidence bearing on his capacity to form the required intention, and the trial judge also left the lesser included offence of careless discharge with the jury.
You have the facts the court had. Did the Crown prove it beyond a reasonable doubt? Render your verdict in the game, then see what the court actually decided — and why.
Terms in this case
Citation: R v Vivian, 2024 ONCA 556
Read the full decision at coadecisions.ontariocourts.ca. The source reveals the outcome.