R. v. Critch (A.), (2012) 322 Nfld. & P.E.I.R. 126 (NLPC)

• Judge: Gorman, P.C.J.
• Court: Newfoundland and Labrador Provincial Court (Canada)
• Case Date: December 08, 2011
• Jurisdiction: Newfoundland and Labrador
• Citations: (2012), 322 Nfld. & P.E.I.R. 126 (NLPC)

R. v. Critch (A.) (2012), 322 Nfld. & P.E.I.R. 126 (NLPC);

    1000 A.P.R. 126

MLB headnote and full text

Temp. Cite: [2012] Nfld. & P.E.I.R. TBEd. AP.014

Her Majesty the Queen v. Archie Critch

(2012 PCNL 1310A00475)

Indexed As: R. v. Critch (A.)

Newfoundland and Labrador Provincial Court

Gorman, P.C.J.

April 10, 2012.

Summary:

The accused was charged with three counts of careless storage of firearms and ammunition, contrary to s. 86(1) of the Criminal Code.

The Newfoundland and Labrador Provincial Court found the accused guilty of the charges.

Editor's Note: Certain names in the following case have been initialized or the case otherwise edited to prevent the disclosure of identities where required by law, publication ban, Maritime Law Book's editorial policy or otherwise.

Criminal Law - Topic 1175

Offences against public order - Firearms - Careless use, transportation, carrying, storage, etc., of firearm - Elements of offence - The accused was charged with three counts of careless storage of firearms and ammunition, contrary to s. 86(1) of the Criminal Code - The Newfoundland and Labrador Provincial Court stated that "in order to obtain a conviction pursuant to s. 86(1) of the Criminal Code the Crown must prove that the accused: 1. carried, handled, shipped, transported or stored a firearm, a prohibited weapon, a restricted weapon, a prohibited device or any ammunition or prohibited ammunition (the storage can be of a temporary nature (see Carlos)), 2. in a careless manner or without reasonable precautions for the safety of other persons. A modified objective test applies (see Beatty). This requires proof of conduct that constitutes a marked departure from the standard of care of a reasonably prudent person in the circumstances (see Finlay). If a reasonable person in the position of the accused would not have been aware of the risk or would not have been able to avoid creating the danger, an acquittal will ensue" - See paragraph 33.

Criminal Law - Topic 1436

Offences against person and reputation - Firearms - General - Unsafe handling and careless storage - Thirteen year old CR was shot by another young boy with a rifle while they were in the accused's home - The police found two firearms and three boxes of ammunition in an unsecured state in a bedroom in the accused's residence - The Newfoundland and Labrador Provincial Court found the accused guilty of three counts of careless storage of firearms and ammunition, contrary to s. 86(1) of the Criminal Code - The accused had taken his .223 calibre rifle with him when he went to cut firewood - The court accepted that, before driving home, he checked his rifle and concluded that it was unloaded - After the accused retuned home, he was told that he had to report to work - He was in a hurry and placed his firearm under his bed in his bedroom - He took no steps to lock or disable it - He knew that there were young people in the house and no adult was present - The accused stored most of his firearms in a closet and placed a chain through their triggers - Although the shotgun was stored in that closet, it was not secured - There was ammunition in the accused's bedroom covered by clothes, but not secured or locked in a cabinet - Although the ammunition was not suitable for use with either of the unsecured firearms, ammunition could be potentially dangerous in utilizations not involving firearms - The accused did not take reasonable steps to avoid the danger created by leaving firearms and ammunition in an unsecured state in a household where young people were alone - Section 86(1) of the Code did not require proof of long term careless storage.

Cases Noticed:

R. v. Lauer (J.M.) (2011), 306 Nfld. & P.E.I.R. 289; 951 A.P.R. 289; 2011 PECA 5, refd to. [para. 16].

R. v. Briand (R.) (2010), 299 Nfld. & P.E.I.R. 34; 926 A.P.R. 34; 258 C.C.C.(3d) 416 (N.L.C.A.), refd to. [para. 16].

R. v. Lifchus (W.), [1997] 3 S.C.R. 320; 216 N.R. 215; 118 Man.R.(2d) 218; 149 W.A.C. 218, refd to. [para. 17].

R. v. Starr (R.D.), [2000] 2 S.C.R. 144; 258 N.R. 250; 148 Man.R.(2d) 161; 224 W.A.C. 161; 2000 SCC 40, refd to. [para. 17].

R. v. J.M.H. (2011), 421 N.R. 76; 283 O.A.C. 231; 2011 SCC 45, refd to. [para. 17].

R. v. D.W., [1991] 1 S.C.R. 742; 122 N.R. 277; 46 O.A.C. 352, refd to. [para. 18].

R. v. Gray (B.F.) (2012), 522 A.R. 374; 544 W.A.C. 374; 2012 ABCA 51, refd to. [para. 20].

R. v. Ogden (V.M.), [2011] N.S.R.(2d) Uned. 225; 2011 NSCA 89, refd to. [para. 20].

R. v. Gorr, [2003] O.J. No. 3252 (C.J.), refd to. [para. 24].

R. v. Carlos (A.M.), [2002] 2 S.C.R. 411; 287 N.R. 79; 165 B.C.A.C. 221; 270 W.A.C. 221; 163 C.C.C.(3d) 449, refd to. [para. 25].

R. v. Finlay, [1993] 3 S.C.R. 103; 156 N.R. 374; 113 Sask.R. 241; 52 W.A.C. 241; 83 C.C.C.(3d) 513, refd to. [para. 27].

R. v. Gossett, [1993] 3 S.C.R. 76; 157 N.R. 195; 57 Q.A.C. 130; 83 C.C.C.(3d) 494, refd to. [para. 28].

Optimum Insurance Co. v. Donovan (2008), 340 N.B.R.(2d) 45; 871 A.P.R. 45; 2009 NBCA 6, refd to. [para. 30].

R. v. R.H.S., [2007] O.J. No. 1511 (C.A.), refd to. [para. 30].

R. v. Naglik, [1993] 3 S.C.R. 122; 157 N.R. 161; 65 O.A.C. 161, refd to. [para. 31].

R. v. J.F., [2008] 3 S.C.R. 215; 380 N.R. 325; 242 O.A.C. 338; 2008 SCC 60, refd to. [para. 31].

R. v. Hundal (S.), [1993] 1 S.C.R. 867; 149 N.R. 189; 22 B.C.A.C. 241; 38 W.A.C. 241, refd to. [para. 32].

R. v. Beatty (J.R.), [2008] 1 S.C.R. 49; 371 N.R. 119; 251 B.C.A.C. 7; 420 W.A.C. 7; 2008 SCC 5, refd to. [para. 32].

R. v. Tayfel (M.) (2009), 245 Man.R.(2d) 300; 466 W.A.C. 300; 250 C.C.C.(3d) 219 (C.A.), refd to. [para. 32].

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, sect. 86(1) [para. 22].

Authors and Works Noticed:

Manning, Morris, and Sankoff, Peter, Manning, Mewett & Sankoff: Criminal Law (4th Ed. 2009), p. 713 [para. 27].

Counsel:

L. St. Croix, for Her Majesty the Queen;

A. Baker, for Mr. Critch.

This matter was heard on June 23, August 16, October 17 and December 8, 2011, and February 23 and April 4, 2012, at Baie Verte and Corner Brook, N.L., before Gorman, P.C.J., of the Newfoundland and Labrador Provincial Court, who delivered the following decision on April 10, 2012.