Calvin Martin

The appellant appealed his convictions for possession of a weapon for a purpose dangerous to the public peace and careless storage of firearms.

The Court of Appeal upheld the summary conviction appeal court's dismissal of the appeal.

The court found the trial judge's factual findings—that the appellant failed to comply with police orders and assumed a gun-readiness stance, and that he left unsecured firearms and ammunition in a home with children—were amply supported by the record and demonstrated a marked departure from the standard of care.

The respondent, a registered owner of semi-automatic firearms, sought to acquire a fully automatic Thompson submachine gun from another collector.

The Registrar of Firearms refused to issue a registration certificate, but a summary conviction appeal court judge allowed the respondent's appeal, finding he was grandfathered under s. 12(5) of the Firearms Act.

The Crown appealed.

The Court of Appeal allowed the appeal, holding that s. 12(2) is the exclusive grandfathering provision for fully automatic firearms, and s. 12(5) cannot be used by owners of semi-automatic weapons to acquire fully automatic ones, consistent with the Act's public safety purpose.

The respondent attempted to register a Mini-Uzi submachine gun as a restricted weapon.

The registrar determined it was a prohibited weapon because it could be easily converted to fully automatic, and a Provincial Court judge ordered its forfeiture.

The Court of Appeal set aside the forfeiture, holding that 'capable' meant capable in its present condition.

The Supreme Court of Canada allowed the Crown's appeal, holding that 'capable' in the definition of prohibited weapon includes the potential for conversion to an automatic weapon in a relatively short period of time with relative ease, given the legislative purpose of protecting the public.