R v Wauer (ABCA): Reasons must be given for s. 110 weapons prohibition orders

By |2017-09-28T23:59:48-06:0004/09/2014|Firearms, Procedure and Practice, Sentencing, Weapons|

The accused pleaded guilty to possession of a prohibited weapon (brass knuckles) and to the possession of other weapons (a machete and bear spray) for a purpose dangerous to the public peace. He had no prior criminal record and the Crown and defence both recommended a conditional discharge. The Crown also requested that the sentencing judge impose a weapons prohibition under section 110 of the Criminal Code. There was very little discussion as to the length of the weapons prohibition. The judge asked the Crown "Ten years?" and the Crown responded "Ten years." That was the length of ban imposed. No submissions were made by the defence on the length of the prohibition. Later, as other ancillary orders and issues were being discussed, defence counsel said that his client opposed the proposed prohibition order because his client was a hunter.  No reasons as to why the sentencing judge rejected the defence submission and accepted the Crown submission were given. The accused appealed his sentence, focusing specifically on the weapons prohibition order: R v Wauer, 2014 ABCA 270 [...]

R v Vandyke (ABPC): Mandatory minimum sentence for firearms possession overturned

By |2014-04-23T15:45:18-06:0012/01/2014|Charter of Rights, Firearms, Section 12|

Mr. Vandyke was licensed to possess restricted firearms and owned a lawfully registered handgun. The Court found (2013 ABPC 347) that on the day he was arrested, he had been cleaning the handgun in his garage. He placed it on the seat of his motor vehicle, where he forgot it. Later that day, he noticed the firearm on the seat. At that point, he was on his way to a bar. As he intended to leave his truck parked at the bar overnight, he decided to bring the firearm with him. He put it into his pants and went into the bar. There, he briefly showed the firearm to a patron (not in a threatening manner). Soon after, the police were called. Mr. Vandyke was arrested without incident. Mr. Vandyke was charged, among other things, with an offence under section 95 of the Criminal Code (possession of a restricted firearm in a place not authorized, while loaded or with readily available ammunition). Why the firearm was loaded, given that it had been set down during [...]

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