The Background
LYC was charged with possession of a loaded prohibited firearm (s. 95(2)), carrying a concealed weapon (s. 90(2)), and careless carriage of ammunition (s. 86(3)) — all stayed. No conviction. No criminal record.
Mr. LYC was eating late-night Korean BBQ with acquaintances when police arrived on a report that someone at his table had threatened a man with a gun. As officers turned toward the booth, a loaded .40 calibre handgun was pushed into the back of his sweatpants. Seconds later it fell down his pant leg in front of five officers. He was arrested, denied bail at first instance, and held in custody.
On paper it was close to unwinnable: a loaded prohibited firearm recovered from our client’s own clothing, on video, with police witnesses.
Jake Shen fought it on every front.
The Charter
Over a six-day hearing he challenged the detention, the search, and the handling of a young accused who told officers plainly that he did not understand English. The court found a breach of our client’s s. 10(b) right to counsel — a formal judicial finding that the police got it wrong.
Delay
This was the work that was also critical to the case. From February 2025 onward, Jake built a delay record with discipline: declaring trial readiness on the record, raising delay at every appearance, accepting the Crown’s offered summer trial dates within the hour, and writing to the Crown in April 2026 to ask that our client be severed from his co-accused — expressly flagging s. 11(b). The Crown refused. When the pre-trial motions were not heard on the initial dates because no judge was available and the trial slid to January 2027 — 39 months after the charge, nine months past the constitutional ceiling — every one of those steps was already documented and on the record.
A three-volume s. 11(b) application was filed, supported by a day-by-day chart of delay, seeking a stay of proceedings. Facing that record, the Crown directed a stay of all charges before the application was argued.
Our client is now free of the charges, with no conviction and no criminal record.
Past results do not guarantee or predict a similar outcome in any future matter. Details have been anonymized.
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