Wayne G. Rabley

The accused pleaded guilty to two charges of breach of undertaking.

The central issue was the appropriate credit to be given for pre-trial custody.

The Crown argued for one-for-one credit under section 719(3) of the Criminal Code, while the defence argued for one-and-a-half-for-one credit under section 719(3.1).

The court found that because the Crown had not formally applied to cancel the accused's bail pursuant to section 524(8), the accused was not "detained in custody" within the meaning of section 719(3.1), and therefore was entitled to enhanced credit at the one-and-a-half-for-one rate.

The accused was charged with assault and careless storage of firearms.

The assault charge was dismissed when the alleged victim did not testify and evidence suggested the accused was the victim.

The court found the accused guilty of careless storage of firearms under section 86(1) of the Criminal Code.

The firearms were stored on an accessible rack in an unlocked shack with ammunition nearby and no trigger locks, constituting a marked departure from the applicable standard of care under the Storage, Display, Transportation and Handling of Firearms by Individuals Regulations.