A Saskatchewan football player will face another trial on three gun charges, the province's highest court has decided.
The case stems from four years ago, when Adrian Charles, who played for the Saskatoon Hilltops and the Regina Rams, was arrested in Saskatoon.
Police had searched his car and allegedly found a 9mm pistol with the serial number removed, along with ammunition.
Charles, who is 25, was charged with three gun-related offences:
- being an occupant of a vehicle in which he knew there was an unlicenced firearm.
- possession of a prohibited weapon.
- possession of a firearm knowing that the serial number on it had been removed.
Court heard police in Saskatoon had stopped his car after coordinating with police in Ontario, where he was wanted on other matters.
However, a provincial court judge ruled the search was unlawful, the evidence wasn't admissible and the Crown's case fell apart.
The Crown appealed.
Now, in a decision published online this week on the Canlii legal database, the Saskatchewan Court of Appeal has ruled the original judge erred and there was no violation of Charles's constitutional rights.
In fact, the police did have reasonable grounds to search the car, the appeal court ruled.
The court of appeal said Charles should get a new trial, although there's no word yet on when he will be back in a Saskatoon court.
Charles, who's from Toronto, no longer plays for the Canadian Junior Football League's Hilltops or the Canadian Interuniversity Sport's Rams.