The respondents committed a robbery using an inoperable CO2 pistol missing several essential parts.
They were convicted of robbery and of using a firearm while committing an indictable offence under s. 83 of the Criminal Code.
The Court of Appeal quashed the s. 83 convictions, finding the air pistol was not a 'firearm'.
The Crown appealed to the Supreme Court of Canada.
The Court dismissed the appeal, holding that for the purposes of s. 83, a weapon must be capable, either at the outset or through adaptation during the commission of the offence, of being loaded and fired.
As the air pistol could not be repaired or adapted on the scene to cause serious injury, it did not meet the definition of a firearm.
