Possession of Firearms Offences (Sentencing Cases)

This page was last substantively updated or reviewed July 2023. (Rev. # 89066)

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Possession Offences

Case Name	Prv.	Crt.	Sentence	Summary
R v Timmers, 2023 BCPC 199 (CanLII), per Sacca J	BC	PC
R v Bitternose, 2023 BCPC 6 (CanLII), per Chettiar J	BC	PC
R v Kane, 2022 NSSC 130 (CanLII), per Muise J	NS	SC	8 years imprisonment (global)
R v Mero, 2021 BCCA 399 (CanLII), per Marchand J	BC	CA
R v Sellars, 2018 BCCA 195 (CanLII), per Smith JA	BC	CA	2 year CSO
R v Kachuol, 2017 BCCA 292 (CanLII), per Dickson JA	BC	CA	3 years imprisonment
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.
R v Skinner, 2016 NSCA 54 (CanLII), per Saunders JA	NS	CA	6.5 years imprisonment
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]
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. "
R v Aubichon, 2015 ABCA 242 (CanLII), per curiam	AB	CA	7.5 years imprisonment
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)
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."
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."
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.
R v Ball, 2014 BCCA 120 (CanLII), per Harris JA	BC	CA
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"
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.
R v Fontaine, 2014 MBQB 119 (CanLII), per Suche J	MB	SC	12 months imprisonment	killed friend using unauthorized weapon
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.
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.
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
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
R v Johnsrud, 2012 ABPC 298 (CanLII), per Gaschler J	AB	PC	5 years imprisonment	offender pointed unloaded firearm at victim and pulled trigger
R v Wong, 2012 ONCA 767 (CanLII), per curiam	ON	CA	3 years imprisonment	drugs and guns
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
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 traffficking
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
R v Andall, [2011 OJ 3523 (ONSC) {{{3}}}]	ON	SC	6 months imprisonment	possession of a stun gun
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
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.
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.
R v Dickson, 2007 ABCA 322 (CanLII), per Acton J	AB	CA	25.5 months imprisonment	sawed-off shotgun
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.
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
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
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.