NOVA SCOTIA COURT OF APPEAL
Citation: R. v. S.A.M., 2006 NSCA 139
Date: 20061219
Docket: CAC 266754
Registry: Halifax
Between:
Her Majesty the Queen
Appellant
v.
S.A.M.
Respondent
Judge: The Honourable Justice Nancy Bateman
Appeal Heard: November 29, 2006
Subject: Firearms prohibition order
Summary: The Crown failed to request and the Judge neglected to impose a mandatory firearms prohibition when sentencing a young person under the Controlled Drugs and Substances Act, S.C. 1996, c. 19 for possession for the purposes of trafficking (s. 109(1)(c) of the Criminal Code of Canada, R.S.C. 1985, c. C-46 and s.51(1) of the Youth Criminal Justice Act, S.C. 2002, c. 1). The Crown appealed seeking imposition of the prohibition order. The young person opposed the order submitting that, like a DNA order, it was discretionary.
Issues: Is the imposition of a firearms order discretionary?
Result: Appeal allowed. Prohibition order directed. There is no statutory exemption to the order. The DNA provisions of the Criminal Code, on the other hand, specifically contemplate circumstances where the order will not be made. The mandatory nature of the order is not conditional upon the Crown's request that it be imposed (R. v Goguen (2006), 208 C.C.C. (3d) 181; N.B.J. No. 165 (Q.L.) (C.A.)).
|
This information sheet does not form part of the court’s judgment. Quotes must be from the judgment, not this cover sheet. The full court judgment consists of 4 pages. |