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.
