R. v. McKay, (1983) 28 Sask.R. 166 (ProvCt)

• Judge: Moxley, P.C.J.
• Court: Provincial Court of Saskatchewan (Canada)
• Case Date: March 16, 1983
• Jurisdiction: Saskatchewan
• Citations: (1983), 28 Sask.R. 166 (ProvCt)

R. v. McKay (1983), 28 Sask.R. 166 (ProvCt)

MLB headnote and full text

R. v. McKay

Indexed As: R. v. McKay

Saskatchewan Provincial Court

Moxley, P.C.J.

March 16, 1983.

Summary:

The accused was charged with carrying a concealed weapon contrary to s. 87 of the Criminal Code of Canada. The issue in this case concerned whether a pellet pistol was a weapon under s. 87.

The Saskatchewan Provincial Court acquitted the accused, because a pellet pistol was not a weapon under s. 87.

Criminal Law - Topic 1123

Offences against public order - Weapons - What constitutes a weapon - The Saskatchewan Provincial Court held that a pellet pistol was not a "weapon" for purposes of the offence of carrying a concealed weapon in s. 87 of the Criminal Code of Canada, because it was not designed to be used as a weapon but for sport or recreation, was not intended by the accused to be used as a weapon, and was not a firearm under s. 82 of the Code.

Words and Phrases

Firearm - The Saskatchewan Provincial Court held that the word "firearm" in s. 82 of the Criminal Code of Canada did not include a pellet pistol - See paragraphs 6 to 10.

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 2 [para. 3]; sect. 82 [paras. 3, 6]; sect. 82(2)(d) [para. 8].

Authors and Works Noticed:

Gun Control in Canada, p. 3 [para. 7].

Counsel:

Martel Popescul, for the Crown;

Tim Quigley, for the accused.

This case was heard before Moxley, P.C.J., of the Saskatchewan Provincial Court, whose decision was delivered on March 16, 1983, at Buffalo Narrows, Saskatchewan.