Court of Appeal
Decision Information
Summary: The defence counsel seeks to introduce fresh evidence in the form of a letter from a psychologist, that he submits is relevant to his application to have this court alleviate the terms of the prohibition order by exercising its discretion under section 100 and to allow conditional use of firearms. The evidence is that the appellant, whose normal occupation is that of a miner, does not require firearms or explosives in his occupation nor the supply of food or personal safety. The court finds that this is not a case for allowing conditional use of firearms. The issue of the application of s. 12 of the Charter to s. 100 was decided by the Supreme Court of Canada. In any event, this issue was not raised at trial and is now too late to be considered. The new evidence application also fails as the psychologist has not had an opportunity to interview the appellant, nor has the crown had an opportunity to cross-examine or consult an expert.
Abstract: Appealing 10 year firearms prohibition imposed by trial judge
Decision: Dismissed
Subjects: Criminal law - Appeals - Evidence on appeal