C., Re, (1985) 59 A.R. 289 (ProvCt)

• Judge: Fitch, P.C.J.
• Court: Provincial Court of Alberta (Canada)
• Case Date: April 11, 1985
• Jurisdiction: Alberta
• Citations: (1985), 59 A.R. 289 (ProvCt)

C., Re (1985), 59 A.R. 289 (ProvCt)

MLB headnote and full text

Re C.

(No. Y22051)

Indexed As: C., Re

Alberta Provincial Court

Youth Division

Fitch, P.C.J.

April 11, 1985.

Summary:

A young person wearing studded gloves was charged with possession of a prohibited weapon, contrary to s. 88(1) of the Criminal Code of Canada.

The Alberta Provincial Court, Youth Division, held that one of the gloves constituted a prohibited weapon under s. 2(b) of the Prohibited Weapons Order, No. 5, and convicted the young person.

Criminal Law - Topic 1142

Prohibited weapons - Intent or mens rea - The Alberta Provincial Court, Youth Division, discussed the mens rea requirement on a charge of possession of a prohibited weapon, contrary to s. 88(1) of the Criminal Code of Canada - See paragraphs 21 to 22.

Criminal Law - Topic 1144

Prohibited weapons - What constitute - The Alberta Provincial Court, Youth Division, held that a glove covered with round studs incapable of piercing or cutting flesh did not constitute a prohibited weapon - See paragraphs 8 to 16.

Criminal Law - Topic 1144

Prohibited weapons - What constitute - A glove was covered with pyramid shaped studs that protruded sharply when the wearer of the glove clenched his fist - The studs, when the fist was clenched, were capable of piercing or cutting flesh - The Alberta Provincial Court, Youth Division, held that the glove constituted a prohibited weapon under s. 2(b) of the Prohibited Weapons Order, No. 5 (ie. "spiked wristband") - See paragraphs 17 to 20.

Cases Noticed:

R. v. Murray (1985), 7 O.A.C. 127 (Ont. C.A.), refd to. [para. 6].

R. v. Baxter (1984), 6 C.C.C.(3d) 447 (Alta. C.A.), refd to. [para. 21].

R. v. Phillips (1978), 44 C.C.C.(2d) 548 (Ont. C.A.), refd to. [para. 21].

R. v. Archer (1983), 6 C.C.C.(3d) 129 (Ont. C.A.), refd to. [para. 21].

R. v. Somers, [1985] 2 W.W.R. 468; 32 Man.R.(2d) 167 (Man. Q.B.), refd to. [para. 21].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 2, sect. 82, sect. 88(1) [para. 9].

Prohibited Weapons Order, No. 5, Canada Gazette, Part 2, vol. 112, No. 7, sect. 2 [para. 9].

Authors and Works Noticed:

Random House Dictionary of the English Language [para. 10].

Counsel:

B. Limpert, for the Crown;

R.R. Engel, for the young person.

This information was heard before Fitch, P.C.J., of the Alberta Provincial Court, Youth Division, who delivered the following judgment on April 11, 1985.