The appellant and three accomplices broke into a residence.
During the break and enter, the intruders repeatedly referred to having a gun.
A loaded handgun was later found in their getaway car.
The appellant was convicted of using a firearm while committing an indictable offence under s. 85(1) of the Criminal Code.
The Supreme Court of Canada dismissed the appeal, holding that an offender 'uses' a firearm when they reveal its actual presence or immediate availability by words or conduct to facilitate an offence, and the weapon is in their physical possession or readily at hand.
