R. v. Wasylyshyn, (1983) 48 A.R. 246 (NWTSC)

• Judge: Marshall, J.
• Court: Supreme Court of Northwest Territories (Canada)
• Case Date: September 13, 1983
• Jurisdiction: Northwest Territories
• Citations: (1983), 48 A.R. 246 (NWTSC)

R. v. Wasylyshyn (1983), 48 A.R. 246 (NWTSC)

MLB headnote and full text

R. v. Wasylyshyn

(SC 2759)

Indexed As: R. v. Wasylyshyn

Northwest Territories Supreme Court

Marshall, J.

September 21, 1983.

Summary:

The accused was charged with careless storage of a firearm contrary to s. 84(2) of the Criminal Code of Canada. The trial court acquitted the accused. The Crown appealed.

The Northwest Territories Supreme Court dismissed the appeal.

Criminal Law - Topic 1436

Firearms - Careless storage or failure to take reasonable precautions - The accused and another supervisor took five boys on a canoe trip in the Northwest Territories - After making camp one of the boys took a loaded rifle from one of the canoes and shot and killed another boy - The Northwest Territories Supreme Court affirmed the acquittal of the accused on a charge of careless storage of a firearm - The court stated that the accused was not required in the circumstances to advert to the danger of leaving the rifle in the canoe (see paragraph 16).

Cases Noticed:

R. v. Sault Ste. Marie, 21 N.R. 295, 3 C.R.(3d) 30 (S.C.C.), refd to. [para. 13].

R. v. Batalha, 70 C.C.C.(2d) 190, refd to. [para. 14].

R. v. Derkosh (1979), 52 C.C.C.(2d) 252, refd to. [para. 14].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 84(2) [para. 2].

Authors and Works Noticed:

Law Reform Commission Working Paper 29, Criminal Law, p. 25 [para. 12].

Counsel:

B. Fontaine, for the appellant;

J.E. Richard, for the respondent.

This appeal was heard by Marshall, J., of the Northwest Territories Supreme Court, at Yellowknife, N.W.T., on September 13, 1983. The judgment of Marshall, J., was delivered on September 21, 1983.