This criminal trial addressed whether four adapted flare pen launchers and associated ammunition found in the defendant's possession constituted "firearms" under s. 2 of the Criminal Code.
The Crown and defence presented expert testimony regarding the devices' capability to cause serious bodily injury or death and whether they qualified as "barrelled weapons." The court, preferring the defence expert's more experienced opinion, found that the Crown failed to prove beyond a reasonable doubt that the devices were capable of causing serious bodily injury or death, primarily due to the absence of velocity testing and physical indicators of significant energy loss during firing.
Consequently, the devices were not classified as firearms, and the defendant was acquitted of the firearm-related charges.
