R. v. Cruickshanks

R. v. Cruickshanks

On the balance of probabilities the applicant established that he needs a firearm to sustain himself and his family through long-standing sustenance hunting; after considering s.113(2) factors (limited record, non-violent nature of offence, safety mitigated by proposed conditions) the competent authority granted an authorization under s.113(1)(a) subject to strict storage and custody conditions.

Citation
2013 NSPC 120
Parties
Crown/respondent: Her Majesty the Queen; Applicant/accused/defendant: Kevin Anthony Cruickshank
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
26 November 2013
Procedural Posture
Criminal / Application Under S.113 Criminal Code to Lift Mandatory Firearms Prohibition
Outcome
Application granted. Order made under s.113(1)(a) authorizing chief firearms officer or the Registrar to issue an authorization, licence or registration certificate for sustenance hunting subject to conditions.
Legal Topics
Firearms Prohibition, Section 113, Sustenance Hunting, Conditional Sentence, Controlled Drugs and Substances
Source Language
English
Criminal Law Firearms Law Sentencing Firearms Prohibition Section 113 Sustenance Hunting Conditional Sentence Controlled Drugs and Substances

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Parties

Her Majesty the Queen

Crown/respondent

Kevin Anthony Cruickshank

Applicant/accused/defendant

Procedural Posture

Criminal / Application Under S.113 Criminal Code to Lift Mandatory Firearms Prohibition

Legal Issues

  1. 1 Whether applicant needs a firearm to hunt or trap to sustain himself or his family under s.113(1)(a) Criminal Code
  2. 2 Proper interpretation of 'needs' and 'sustain' in s.113(1)(a)
  3. 3 Application of factors in s.113(2) (criminal record, nature of offence, safety)

Ratio Decidendi

On the balance of probabilities the applicant established that he needs a firearm to sustain himself and his family through long-standing sustenance hunting; after considering s.113(2) factors (limited record, non-violent nature of offence, safety mitigated by proposed conditions) the competent authority granted an authorization under s.113(1)(a) subject to strict storage and custody conditions.

Court Disposition

Application granted. Order made under s.113(1)(a) authorizing chief firearms officer or the Registrar to issue an authorization, licence or registration certificate for sustenance hunting subject to conditions.

Orders

  • Applicant may possess only firearms designed for hunting while actually engaged in hunting.
  • When not hunting, firearms in applicant's possession shall be stored at family hunting camp under custody and control of another family member present at the camp.