SUPREME COURT OF CANADA
Date: 20141105 Docket: 35599
Between:
Christopher Dunn
Appellant
and
Her Majesty The Queen
Respondent
Coram: McLachlin C.J. and Abella, Cromwell, Moldaver, Karakatsanis, Wagner and Gascon JJ.
Reasons for Judgment: (para. 1)
McLachlin C.J. (Abella, Cromwell, Moldaver, Karakatsanis, Wagner and Gascon JJ. concurring)
r. v. dunn, 2014 SCC 69, [2014] 3 S.C.R. 490
Christopher Dunn Appellant
v.
Her Majesty The Queen Respondent
Indexed as: R. v. Dunn
2014 SCC 69
File No.: 35599.
2014: November 5.
Present: McLachlin C.J. and Abella, Cromwell, Moldaver, Karakatsanis, Wagner and Gascon JJ.
on appeal from the court of appeal for ontario
Criminal law — Firearms — Elements of offence — Airgun — Accused charged with numerous weapon and firearm offences — Definition of “firearm” and “weapon” in Criminal Code — Trial judge concluding that airgun not weapon and acquitting accused of offences — Court of Appeal finding that barrelled objects that meet definition of firearm need not also meet definition of weapon to be deemed firearm — Criminal Code, R.S.C. 1985, c. C-46, s. 2 .
APPEAL from a judgment of the Ontario Court of Appeal (Rosenberg, Sharpe, Gillese, Epstein and Strathy JJ.A.), 2013 ONCA 539 , 117 O.R. (3d) 171, 309 O.A.C. 311, 305 C.C.C. (3d) 372, [2013] O.J. No. 3918 (QL), 2013 CarswellOnt 12211, affirming the accused’s acquittal on the charge of pointing a firearm and setting aside the acquittals and ordering a new trial on charges of careless handling of a firearm, carrying a weapon for a purpose dangerous to the public peace and carrying a concealed weapon. Appeal dismissed.
Solomon Friedman , for the appellant.
John S. McInnes and Roger Shallow , for the respondent.
The judgment of the Court was delivered orally by
[ 1 ] The Chief Justice — For the reasons of Justice Rosenberg in the Court of Appeal, we are all of the view that the appeal should be dismissed.
Judgment accordingly.
Solicitors for the appellant: Edelson Clifford D’Angelo Friedman, Ottawa.
Solicitor for the respondent: Attorney General of Ontario, Toronto.