Possession of Firearms Offences (Sentencing Cases)

From Criminal Law Notebook
This page was last substantively updated or reviewed July 2023. (Rev. # 93206)






Possession Offences


See also: Weapons Offences (Sentencing Cases) and Use of Firearms Offences (Sentencing Cases)
Case Name Prv. Crt. Sentence Summary
2023
R v Araya, 2023 ABCJ 174 (CanLII), per Tyndale J AB PC
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Keywords: None
R v Timmers, 2023 BCPC 199 (CanLII), per Sacca J BC PC
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Keywords: None
R v Bitternose, 2023 BCPC 6 (CanLII), per Chettiar J BC PC
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Keywords: None
2022
R v Grace, 2022 BCSC 475 (CanLII), per Ahmad J BC BC
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Keywords: found guilty — semi-automatic pistol — loaded restricted firearm
R v Krywonizka, 2022 MBCA 85 (CanLII) MB CA 2 years less a day CSO
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Keywords: poss'n loaded prohibited firearms — silencer — high-capacity magazine
R v Price, 2022 NLSC 30 (CanLII), per O'Brien J NL SC
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Keywords: found guilty — pointing — threatening — unsafe storage
R v Kane, 2022 NSSC 130 (CanLII), per Muise J NS SC 8 years imprisonment (global)
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Keywords: None
R v Tago, 2022 ONSC 1253 (CanLII), per Corrick J ON SC 22 months imprisonment (global)

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Keywords: None
R v Tully, 2022 ONSC 3515 (CanLII), per Charney J ON SC
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Keywords: None
R v Dillon, 2022 SKCA 17 (CanLII) SK CA 20 months imprisonment
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Keywords: motor vehicle stop — flight — restricted firearm — driving while disqualified
2021
R v Lugela, 2021 ABPC 310 (CanLII), per Pepper J AB PC 3 years imprisonment (global)

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Keywords: conceal firearm — semi-automatic handgun — removed serial numbers — firearm prohibition
R v Mero, 2021 BCCA 399 (CanLII), per Marchand J BC CA
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Keywords: None
R v Lambert, 2021 BCSC 2199 (CanLII), per J BC SC 18 months (poss'n)
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Keywords: None
R v Meinzinger, 2021 ONCJ 677 (CanLII), per Parry J ON PC 2 years less a day CSO
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Keywords: None
R v Coburn, 2021 ONCJ 692 (CanLII), per Renwick J ON PC 3 months imprisonment (ammo)
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Keywords: 23-year-old offender — found guilty — unloaded firearm in vehicle — ammunition
R v Fabbro, 2021 ONCA 494 (CanLII), per J ON CA
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Keywords: prohibited firearm
R v Dawkins, 2021 ONSC 4526 (CanLII), per Monohan J ON SC 3 years
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Keywords: None
R v Tabnor, 2021 ONSC 8548 (CanLII), per Campbell J ON SC 6 months imprisonment
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Keywords: None
2020
R v McLean, 2020 ONSC 622 (CanLII), per Davies J ON SC 2 years less a day (global)
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Keywords: None
2019
R v Poisson, 2019 BCSC 1599 (CanLII) BC SC
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Keywords: None
2018
R v Sellars, 2018 BCCA 195 (CanLII), per Smith JA BC CA 2 years less a day CSO "In Sellars a police officer stopped a truck for a traffic violation. The officer detected the odour of fresh marijuana emanating from inside the vehicle. He recognized Mr. Sellars who was seated in the right rear passenger seat, from prior dealings. The officer advised the occupants of the truck they were under arrest for possession of marijuana and directed them to exit the vehicle. During a search incidental to arrest an officer asked Sellars to empty his pockets and observed him to discard nine live rounds of .32 calibre ammunition from his pockets in the box of the truck. A further search of the truck revealed a .32 calibre Colt handgun (a prohibited weapon) under the right rear passenger seat. The handgun was loaded with six rounds of ammunition. ...Sellars is an Aboriginal person and was 26 years old at the time of the offence. He was found guilty of firearm offences including unauthorized possession of a prohibited handgun, contrary to section 95(1) of the Criminal Code. The trial judge imposed a suspended sentence with 3 years of probation. On appeal the British Columbia Court of Appeal imposed a conditional sentence order of 2 years less a day. The Court took into account Mr. Sellars Gladue factors as well as the exceptional rehabilitative steps he had taken." (Quoting from R v Bachorcik, 2024 SKPC 9 (CanLII)), at para 51
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Keywords: found guilty — CSO rejected — loaded handgun — prohibited weapon — truck — 26-years-old — gladue
R v Graham, 2018 ONSC 6817 (CanLII), per Code J ON SC
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Keywords: None
2017
R v Kachuol, 2017 BCCA 292 (CanLII), per Dickson JA BC CA 3 years imprisonment
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Keywords: loaded prohibited firearm
R v Mansingh, 2017 ONCA 68 (CanLII), per curiam ON CA
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Keywords: None
2016
R v Adan, 2016 ONSC 6763 (CanLII), per Corrick J ON SC 21 months imprisonment The offender pleaded guilty to s. 92(1), 110, and 117.1(1). He was in a vehicle that was shot at. When police responded they found the offender and a friend had tried to dispose of a loaded gun. There was no proof that the offender knew it was loaded. The offender was 28 years old with a record of violence. The judge also ordered a s. 109 Order for 10 years.
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Keywords: section 92
R v Skinner, 2016 NSCA 54 (CanLII), per Saunders JA NS CA 6.5 years imprisonment
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Keywords: section 95
R v Shomonov, 2016 ONSC 4015 (CanLII), per McCombs J ON SC 21 months imprisonment The Police responded to a 911 call which leads them to the offender who was in the hospital where he was being treated for accidentally shooting himself. Search of his place revealed that he was a drug dealer. The judge ordered forfeiture of the gun, s. 109 prohibition and DNA Order. Per McCombs J. [post-dates striking down s. 95 minimum]
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Keywords: section 95
R v Racette, 2016 BCCA 275 (CanLII), per Dickson JA BC CA "[30] The Crown in Racette appealed a two year conditional sentence order for possession of a loaded sawed-off shotgun together with sentences for two trafficking offences and a breach of a firearms prohibition for a total sentence of four years imprisonment. On appeal, a sentence of six years imprisonment was imposed.

[31] The offender had an extensive and recent criminal record containing 42 entries including robbery with a firearm, breaking and entering and violent offences. He was prohibited from possessing prohibited firearms for life. [32] Mr. Racette was arrested by police in a busy restaurant populated in part by students from a nearby school. He was found to have a sawed-off shotgun in his backpack along with methamphetamines. [33] Of the Court of Appeal cases summarized thus far, only the offender in Racette was Indigenous and Gladue principles were considered by the court. "

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Keywords: None
2015
R v Aubichon, 2015 ABCA 242 (CanLII), per curiam AB CA 7.5 years imprisonment
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Keywords: section 95
R v Yalahow, 2015 ABCA 116 (CanLII), per Picard JA AB CA 3 years imprisonment (firearm)
3.5 years (trafficking drugs)
6 years, 8 months (global)

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Keywords: section 95
R v Slack, 2015 ONCA 94 (CanLII), per Cronk JA ON CA 8 years imprisonment "an offender who fled an area leaving a loaded firearm in an unlocked running vehicle. He received an eight-year sentence for a s. 95 offence (possess prohibited weapon), upheld on appeal. The decision is useful as a reminder that in s. 95 cases, and presumably firearms matters in general, that matters involving “truly criminal conduct” and firearms require exemplary sentences that emphasize deterrence and denunciation."
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Keywords: None
R v Crevier, 2015 ONCA 619 (CanLII), per Rouleau JA ON CA
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Keywords: None
R v Marshall, 2015 ONCA 692 (CanLII), per Cronk J ON CA
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Keywords: None
R v Holt, 2015 BCCA 302 (CanLII), per Newbury JA BC CA 30 months imprisonment "The offender had spent the evening consuming alcohol and smoking crack cocaine. When stopped by police for a driving infraction, and subsequently arrested for possession of drugs, a search was carried out. A backpack was located in the vehicle containing a loaded .22 calibre revolver and a box containing 43 cartridges capable of being discharged in a gun.

[25] The court referred to firearm-related offences as being “serious and inherently dangerous” particularly when such firearms are possessed for an illicit purpose. The sentences for these types of offences should reflect “society’s absolute rejection for such unacceptable conduct”. (at para. 14). [26] At the time of sentencing Mr. Holt was 66 years of age without a criminal record."
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Keywords: None
2014
R v Ongaro, 2014 BCPC 118 (CanLII), per Hoy J BC PC $2500 fine, 10y Prohib American citizen passing through Canada with his family were searched at the border and found with unlicenced handgun.
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Keywords: section 95
R v Ball, 2014 BCCA 120 (CanLII), per Harris JA BC CA
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Keywords: None
R v Jefferson, 2014 ONCA 434 (CanLII), per curiam ON CA 10 years imprisonment Offender convicted at trial of discharging firearm, possession of a firearm while prohibited, and four counts of breach of probation. The offender's "crime and his circumstances put him at the upper range of the existing range"
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Keywords: section 95
R v Smickle, 2014 ONCA 49 (CanLII), per curiam ON CA 12 months imprisonment Offender already served a 5 month CSO. Trial judge invalidated the 3 year minimum. Offender was taking pictures of himself at home holding the gun when police came in and saw him.
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Keywords: section 95
R v Carrol, 2014 ONSC 2063 (CanLII), per Molloy J ON SC
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Keywords: None
R v Fontaine, 2014 MBQB 119 (CanLII), per Suche J MB SC 12 months imprisonment killed friend using unauthorized weapon
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Keywords: section 91
2013
R v Holmes, 2013 ONSC 302 (CanLII), per Farfett J ON SC 12 months imprisonment (firearms)
2 years imprisonment(all others)
The offender was convicted poss'n of wpn, carrying a concealed weapon (pepper spray), poss'n of firearm while prohibited, resist arrest, dangerous driving, driving over 80, poss'n stolen prpty under $5k, and theft prpt under $5k. He was 25 years of age, has a problem with alcohol. He had a lengthy record of offences as a youth.
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Keywords: section 92
R v Horsley, 2013 ONCJ 310 (CanLII), per Bhabha J ON PC 5.5 years imprisonment offender possessed one handgun with serial number removed and a "zip" gun.
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Keywords: None
R v Duhamel, 2013 ONSC 1340 (CanLII), per KL Campbell J ON SC 7 years imprisonment Offender in possession of loaded handgun with serial number removed as well as 120+ gram of cocaine
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Keywords: None
R v Greening, 2013 CanLII 5319 (NL PC), per Gorman J NL PC 6 months imprisonment (stun gun)
18 months imprisonment (global)
attempting to import stun guns and brass knuckles
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Keywords: section 91
2012
R v Johnsrud, 2012 ABPC 298 (CanLII), per Gaschler J AB PC 5 years imprisonment offender pointed unloaded firearm at victim and pulled trigger
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Keywords: section 95
R v Wong, 2012 ONCA 767 (CanLII), per curiam ON CA 3 years imprisonment drugs and guns
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Keywords: None
R v Trecartin, 2012 NBQB 162 (CanLII), per McLellan J NB SC 12 months imprisonment found in possession of a shotgun, handgun, and assault rifle--guns found locked away
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Keywords: section 91
R v Choken, 2012 MBPC 44 (CanLII), per MJ Smith J MB PC 5 years imprisonment offender was 19 years old connected to a biker gang, also convicted of drug trafficking
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Keywords: section 95
R v Drake, [2012 NJ 30 (NLPC) {{{3}}}] NL PC 30 days imprisonment (weapon)
16 months imprisonment (global)
possession of drugs for purpose of trafficking, possession of brass knuckles
Keywords: section 91
2011
R v Mathews, 2011 ABPC 324 (CanLII), per Brown J AB PC
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Keywords: None
R v Andall, [2011] OJ 3523 (ONSC)(*no CanLII links) ON SC 6 months imprisonment possession of a stun gun
Keywords: None
2010
R v Veranski, 2010 BCCA 211 (CanLII), per Prowse JA BC CA 21 months CSO 9 mm CA semi automatic pistol; 38 years old; no criminal record--arrested carrying a bag with a firearm--ammo in the magazine and chamber
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Keywords: section 91
R v Ash,
2010 BCCA 604 (CanLII), [2010] BCJ No 2750 (CA), per Saunders JA
BC CA 12 months imprisonment Offender convicted of drug offences and possession of a stun gun.
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Keywords: section 91
2009
R v Frohock, 2009 BCCA 227 (CanLII), per Finch CJ BC CA 6 years 8 months after 14 mo remand found with a loaded sawed-off shotgun; 45-year-old with an extensive record.
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Keywords: None
2007
R v Dickson, 2007 ABCA 322 (CanLII), per Acton J AB CA 25.5 months imprisonment
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Keywords: section 95 — sawed-off shotgun
2006
R v Cross, 2006 CanLII 33193 (ON CA), per curiam ON CA 2 years less a day imprisonment 19-year-old;limited record; .45 calibre handgun concealed in the waistband of the offenders' pants.
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Keywords: section 95
R v Pariseau, 2006 ABPC 13 (CanLII), per Ayotte J AB PC
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Keywords: None
R v Smith, 2006 NSCA 95 (CanLII), per Saunders JA NS CA 2 years imprisonment 9mm handgun outside a bedroom; 39 year old with a significant drug addiction; 49 prior convictions
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Keywords: section 95
2005
R v Syed, 2005 CanLII 4773 (ON CA), per curiam ON CA 2 years less a day imprisonment numerous loaded weapons, 590 grams of marijuana
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Keywords: section 95
R v Eriksen, 2005 YKSC 26 (CanLII), per Gower J YK SC
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Keywords: None
1993
R v Morin,
1993 CanLII 2711 (BC CA), , BCJ No 1477, per Taylor JA
BC CA 4 months imprisonment Canadian citizen stopped at border. The search revealed 6 unlicensed guns. The offender was a gun collector.
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Keywords: section 95
other cases

14. R. v. Guha, 2012 BCCA 423

15. R. v. Nur, 2015 SCC 15

17. R. v. Swales, 2016 BCCA 502

See Also