R. v. Carlos (A.M.), (2002) 165 B.C.A.C. 221 (SCC)

• Judge: McLachlin, C.J.C., Gonthier, Iacobucci, Bastarache, Binnie, Arbour and LeBel, JJ.
• Court: Supreme Court (Canada)
• Case Date: April 17, 2002
• Jurisdiction: Canada (Federal)
• Citations: (2002), 165 B.C.A.C. 221 (SCC)

R. v. Carlos (A.M.) (2002), 165 B.C.A.C. 221 (SCC);

    270 W.A.C. 221

MLB headnote and full text

[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

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Temp. Cite: [2002] B.C.A.C. TBEd. AP.065

Her Majesty The Queen (appellant) v. Allen Michael Carlos (respondent)

(28748)

Indexed As: R. v. Carlos (A.M.)

Supreme Court of Canada

McLachlin, C.J.C., Gonthier, Iacobucci, Bastarache, Binnie, Arbour and LeBel, JJ.

April 17, 2002.

Summary:

The accused was charged with one count of careless storage of a firearm, contrary to s. 86(1) of the Criminal Code, and two counts of storage of firearms contrary to the Storage, Display, Transportation and Han­dling of Firearms by Individuals Regulations. He was acquitted by the Yukon Territorial Court. The Crown appealed.

The Yukon Court of Appeal, Ryan, J.A., dissenting, in a judgment reported 155 B.C.A.C. 95; 254 W.A.C. 95, dismissed the appeal. The Crown appealed as of right.

The Supreme Court of Canada allowed the appeal, entered convictions on all three counts and remitted the matter for sentenc­ing.

Criminal Law - Topic 1436

Offences against person and reputation - Firearms - Unsafe handling and careless storage - The accused took out three handguns to clean, inspect and admire them - He then loaded them - He pan­icked upon learning that police were arriv­ing shortly to execute a search warrant - The accused hid two guns in a locked gun safe and the third behind a stereo, intend­ing to retrieve them later - The Supreme Court of Canada held that the appellate court erred in failing to convict the accused of careless storage of a fire­arm, contrary to s. 86(1) of the Criminal Code, and two counts of storage of fire­arms contrary to the Storage, Display, Transpor­tation and Handling of Firearms by Indi­viduals Regulations - The court stated that "there is no requirement ... that the accused plan a long term or per­manent storage. The trial judge found that the [accused] deposited a loaded .357 Magnum in an ill-planned temporary hid­ing spot. ... this amounted to storage with­in the mean­ing of s. 86(1) of the Code. The same applies to the temporary placing of the two loaded handguns inside a locked safe. ... There are obviously circumstances where a short interruption in the use or handling of firearms would still constitute use or handling rather than storage. In this case however, the [accused] took steps to put away and hide his weapons such that the proper characterization of his actions was that he stored them, albeit temporarily, rather than continue his use and handling of the firearms in plain view of the police." - See paragraphs 1 to 6.

Criminal Law - Topic 1442

Offences against person and reputation - Firearms - Storage of - Contrary to regu­lations - [See Criminal Law - Topic 1436 ].

Words and Phrases

Storage - The Supreme Court of Canada discussed the meaning of the word "stor­age" as found in ss. 86(1) and (2) of the Criminal Code, R.S.C. 1985, c. C-46 - See paragraphs 1 to 6.

Words and Phrases

Stores - The Supreme Court of Canada discussed the meaning of the word "stores" as found in ss. 86(1) and (2) of the Crimi­nal Code, R.S.C. 1985, c. C-46 - See paragraphs 1 to 6.

Counsel:

Graham R. Garton, Q.C., and David A. McWhinnie, for the appellant;

Richard A. Fritze, for the respondent.

This appeal was heard before McLachlin, C.J.C., Gonthier, Iacobucci, Bastarache, Binnie, Arbour and LeBel, JJ., of the Supreme Court of Canada.

On April 17, 2002, Arbour, J., delivered the following oral judgment in both official languages for the Supreme Court of Canada.