R. v. Carlos (A.M.), 2001 BCCA 442

• Judge: Ryan, Mackenzie and Proudfoot, JJ.A.
• Court: Court of Appeal (Yukon Territory)
• Case Date: May 29, 2001
• Jurisdiction: Yukon
• Citations: 2001 BCCA 442;(2001), 155 B.C.A.C. 95 (YukCA)

R. v. Carlos (A.M.) (2001), 155 B.C.A.C. 95 (YukCA);

    254 W.A.C. 95

MLB headnote and full text

Temp. Cite: [2001] B.C.A.C. TBEd. JL.013

Regina (plaintiff/appellant) v. Allen Michael Carlos (defendant/respondent)

(CA00YU441; 2001 BCCA 442)

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

Yukon Court of Appeal

Ryan, Mackenzie and Proudfoot, JJ.A.

July 5, 2001.

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, contrary to s. 86(2) of the Code. He was acquitted by a Yukon Territorial Court judge. The Crown appealed.

The Yukon Court of Appeal, Ryan, J.A., dissenting, dismissed the appeal.

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, then loaded them - He panicked upon learning the police would shortly arrive to execute a search warrant, placing two guns in a locked gun safe and the third behind a stereo - He was acquitted of careless storage and storage contrary to Regulations - The Yukon Court of Appeal affirmed that the guns were not "stored" - The concept of "storage" had no temporal parameters; a conviction could follow from short-term storage - The longer a gun was not used, shipped, handled etc., the easier the Crown could prove "storage" - If a gun was very recently put aside, the ac­cused's intention was determinative - See para­graphs 14 to 20.

Criminal Law - Topic 1442

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

Words and Phrases

Stores/storage - The Yukon Court of Appeal discussed the meaning of the words "stores" and "storage" as they appeared in ss. 86(1) and (2) of the Crimi­nal Code, R.S.C. 1985, c. C-46 - See paragraphs 11 to 20.

Cases Noticed:

R. v. Finlay, [1993] 3 S.C.R. 103; 156 N.R. 374; 113 Sask.R. 241; 52 W.A.C. 241, refd to. [para. 27].

Thompson v. Equity Fire Insurance Co., [1910] A.C. 592 (P.C.), refd to. [para. 29].

R. v. Joe (D.) (1996), 192 A.R. 99 (Prov. Ct.), refd to. [para. 31].

R. v. Bickford (J.L.) (2000), 264 A.R. 152 (Prov. Ct.), refd to. [para. 32].

R. v. Smillie (J.D.R.) (1998), 111 B.C.A.C. 277; 181 W.A.C. 277; 129 C.C.C.(3d) 414 (C.A.), refd to. [para. 35].

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, sect. 86(1), sect. 86(2) [para. 5].

Counsel:

David A. McWhinnie, for the Crown, appellant;

Richard Fritze, for the respondent.

This appeal was heard before Ryan, Mackenzie and Proudfoot, JJ.A., of the Yukon Court of Appeal, at Whitehorse, Yukon, on May 29, 2001. The decision of the court was delivered on July 5, 2001, at Vancouver, British Columbia, when the follow­ing opin­ions were filed:

Proudfoot, J.A. (Mackenzie, J.A., concur­ring) - see paragraphs 1 to 21;

Ryan, J.A., dissenting - see paragraphs 22 to 42.