Sentence Watch

Reckless discharge of a restricted or prohibited firearm, Resisting or obstructing a peace officer

R. v. Munroe

Crown askedNot recorded
Judge imposedConditional sentence of two years less a day (729 days), then three years' probation1

A conditional sentence is served in the community, usually under house arrest. It counts as no custody here.

What the law allows

Maximum14 years
Judge imposed2 years less a day conditional sentence
Minimum5 years struck down
For reckless discharge of a restricted or prohibited firearm (CC 244.2(3)(a)), the Criminal Code currently allows up to 14 years, with a mandatory minimum of 5 years that courts have struck down as unconstitutional. The sentence imposed is 14% of the maximum. Read the section.

Jason Munroe was found guilty of reckless discharge of a restricted or prohibited firearm and of obstructing a peace officer, after he shot at fleeing armed intruders from his porch following a home invasion in which his son was shot; he was found not guilty of the charges about what happened inside the house, on the basis of self-defence. Justice Baker found the five-year mandatory minimum unconstitutional as applied to the case and imposed a conditional sentence of two years less a day, followed by three years' probation. The Court of Appeal noted that the trial judge found the circumstances of the offence exceptional and took into account remorse and rehabilitative efforts.

The record

Prior convictions
Not recorded
At the time of the offence
Not stated1
Mandatory minimum
Found unconstitutional or not applied under a binding ruling1
Appeal
  • Upheld on appeal, 2026 ONCA 592 (August 19, 2026)

    The Court of Appeal for Ontario granted the Crown leave to appeal the sentence and dismissed the appeal, leaving the conditional sentence of two years less a day and three years' probation in place.

    1

More reckless discharge of a restricted or prohibited firearm cases

  1. April 30, 2026
    R. v. Gill, 2026 BCSC 997Possession of a loaded prohibited or restricted firearm; Reckless discharge of a restricted or prohibited firearm, Surrey. Justice Baljinder Kaur Girn
    5 years for discharging a prohibited firearm at a place, with 40 months concurrent for possessing a loaded firearm, less 15 days pre-trial credit
  2. January 14, 2025
    R. v. Reed, 2025 BCSC 121First degree murder; Possession of a loaded prohibited or restricted firearm; Reckless discharge of a restricted or prohibited firearm, Richmond. Justice Alan M. Ross
    • On release at the time
    Life imprisonment, no parole for 25 years; concurrent 6 years and 4 years for the firearms offences
  3. December 15, 2022
    R. v. West, 2022 BCSC 2348Possession of a loaded prohibited or restricted firearm; Reckless discharge of a restricted or prohibited firearm; Dangerous operation of a conveyance; Possession of a controlled substance; Possession of a weapon contrary to a prohibition order, Prince George. Justice Ronald S. Tindale
    • Below the Crown's ask
    5.5 years (2,007 days) less 1,199 days pre-trial credit, leaving 808 days; lifetime s. 109 prohibition, DNA, forfeiture

More from the Ontario Court of Justice

  1. July 7, 2025
    R. v. GalloPossession of a Schedule I or II substance for the purpose of trafficking, Cobourg. Justice Timothy E. Breen
    Net sentence of 8 years and 53 days going forward, after credit for pre-sentence custody

Sources

  1. R. v. Munroe, 2026 ONCA 592 Court decision, CanLII, August 19, 2026[5] The trial judge found that the five-year mandatory minimum sentence for reckless discharge of a restricted or prohibited firearm under section 244.2(3)(a)(i) of the Criminal Code was unconstitutional if applied to the circumstances of this case.[3] Armed intruders entered the home of the respondent, Jason Munroe.[5] … He gave Mr. Munroe a conditional sentence of 729 days (two years less a day) followed by three years’ probation.
  2. R. v. Munroe, 2026 ONCA 592 Court decision, Court of Appeal for Ontario, August 19, 2026
  3. Ontario man who shot at intruders won’t face longer sentence News report, CP24, August 21, 2026

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