The respondent was charged with unlawful confinement, using a firearm while committing an indictable offence, possession of a weapon for a purpose dangerous to the public peace, and unlawfully pointing a firearm.
The trial judge acquitted the respondent of unlawful confinement but convicted him of the firearm offence, applying the Kienapple principle to stay the remaining charges.
The Court of Appeal quashed the firearm conviction because there was no conviction for the underlying indictable offence, but made no order regarding the stayed charges.
The Supreme Court of Canada dismissed the Crown's appeal against the acquittal, confirming that a conviction for the underlying offence is a prerequisite for a conviction under s. 83(1).
However, the Court remitted the matter to the trial judge to determine whether to register convictions on the stayed charges.
