The appellants were convicted of firearms offences arising from their unlicensed possession of over 200 firearms and ammunition.
The trial judge ordered the mandatory forfeiture of the firearms under s. 491(1)(b) of the Criminal Code but declined to order forfeiture of the ammunition.
On appeal, the appellants argued the forfeiture violated s. 12 of the Charter as cruel and unusual punishment.
The Court of Appeal held that a forfeiture order is a sentence and appealable, but found the mandatory forfeiture was not grossly disproportionate and did not violate s. 12.
The Court also varied the order to include the ammunition, finding the trial judge erred in his interpretation of s. 95(1).
