Sentencing decision following conviction for transferring a firearm without authorization contrary to s. 99(1) of the Criminal Code.
The court determined that the applicable minimum sentence was three years under s. 99(2), rejecting the defence argument that the one‑year minimum under s. 99(3) applied.
Although the offence involved no violence and the firearm was quickly recovered by police, the accused had a lengthy criminal record.
The court declined to apply Gladue principles due to insufficient evidence establishing Indigenous identity or a connection between background factors and the offence.
The accused received the mandatory minimum sentence with enhanced credit for difficult pre‑sentence custody conditions.