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Summary

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Criminal Law - Offences - Elements of offence - Firearms offences - Whether an airgun is a “firearm” or a “weapon” within the meaning of s. 2 of the Criminal Code, R.S.C. 1985, c. C-46.

The appellant was observed and videtaped holding an object resembling a handgun and pointing it in the direction of a wall. A friend was nearby but the evidence does not disclose the location of the friend at the precise time that the appellant pointed the object. The object was an airgun that resembles a 9mm pistol. It fires BB pellets with a muzzle velocity of 261.41 ft/sec. The appellant was charged with pointing a firearm at another person, handling a firearm or imitation thereof in a careless manner, carrying a weapon or imitation thereof for a purpose dangerous to the public peace, and carrying a concealed weapon. The appellant’s friend testified that the appellant never pointed a gun at him and never threatened or intimidated him. The trial judge acquitted the appellant on all charges. The Court of Appeal upheld the acquittal on the charge of pointing a firearm at another person. It set aside the acquittals on the remaining three charges and ordered a new trial.

Lower Court Rulings