Douglas H. Christie

In a criminal appeal, the accused challenged appellate convictions for aggravated assault and assault with a weapon arising from an attempted circumcision of a four-year-old child.

The appellate court had set aside acquittals on those counts and stayed a conviction for criminal negligence causing bodily harm.

The Court held that all elements of the charged offences were established on the record.

It declined to address whether the assault-with-a-weapon count should have been stayed because that issue was not raised.

The appeal was dismissed.

The court determined a forfeiture application under section 491(1)(b) of the Criminal Code following firearms convictions.

It held forfeiture was warranted for most seized firearms and for ammunition that was actually in improperly loaded firearms.

The court rejected a broad constitutional challenge to mandatory forfeiture on these facts, while recognizing that property-right concerns and due process principles can constrain application in proper cases.

It found no basis to forfeit ammunition that was merely readily available to unloaded firearms where both were stored in a locked room compliant with the storage regulation.

A disposition order issued in accordance with Schedule 1, with substantial forfeiture but targeted exemptions and transfers.