Introduction from Every Defence LLP

[u/EveryDefence]

Hello r/canadaguns! 

We are Every Defence LLP, a criminal defence firm with a special interest in firearms laws. Our team is composed of long-time PAL holders with a passion for anything and everything firearms-related. 

Like you, we are collectors and enthusiasts who are navigating the complex and ever-changing firearms law regime. We are particularly frustrated by the lack of helpful information on niche topics within the hobby. We felt by providing general information and the opportunity for r/canadaguns community members to ask us general questions, we hope to keep the public informed on current firearms law regulations while also tackling ambiguity and myths in existing laws.

Every month or two, we will pick a hot-topic firearms issue that has been percolating in the r/canadaguns community. In doing so, we aim to provide needed clarity on the current state of the law to that topic.

Importantly, THIS IS NOT LEGAL ADVICE, and we cannot answer questions about your specific situation.  You should not construe anything we say as legal advice, and you should speak to a lawyer immediately about any legal predicament you find yourself in. In no way does the general information we provide create a solicitor-client relationship, and it is not meant to serve as legal advice for any legal predicament you may find yourself in.

[u/Dill_Pickle_Tears]

Since we’re on the topic, how does the law apply to handling firearms on private property within public view?

Like a patio in a house or balcony in an apartment complex? I hate cleaning firearms inside and want to do so in a ventilated area to prevent contamination, but it seems it be a legally grey sort of situation.

Also any two cents on the current CCFR et al, v Attorney General of Canada case?

[u/EveryDefence → u/Dill_Pickle_Tears]

SHORT ANSWER: Cleaning unloaded, non-restricted firearms, on private property but in public view is not strictly “against the law” but DO SO AT YOUR OWN RISK.

LONG ANSWER: Let’s imagine a non-restricted firearm that is unloaded with no ammunition nearby. Restricted firearms would require a separate reply because of where conditions permit you to possess them and the definition of a dwelling-house.

Due diligence is the best policy with firearms. A reasonable compromise may be to disassemble the firearm in your home and spray down parts and components outside of the home for the purpose of ventilation. Taking an assembled non-restricted firearm outdoors on your property, disassembling it, and cleaning it there risks inviting a phone call to the police from a neighbour or bystander, followed by police paying you an unwanted visit. Consider both neighbours and law enforcement do not know if your firearm is loaded. Well-intentioned witnesses can be mistaken or otherwise unreliable. Their characterizations may heighten the police response.

Decisions are in the details. Is your neighbour aware you are a firearms owner? Is there a school or children nearby? Does your property face a sidewalk where bystanders might see you holding a firearm? Ask yourself if a community member who is unfamiliar with firearms may see you as being careless in your handling of the firearm, contrary to section 86(1) of the Criminal Code?

Consider that the question for a judge would be whether your handling of the firearm is a “marked departure” from the standard of care of a reasonable person in your circumstances. This is an objective standard, inferred from the accused person’s conduct, and judged by the standard of a reasonable person in similar circumstances (R. v. H.C., 2020 ONCJ 418 at paras 188-189).

Again, the legality of situations like these heavily depends on the facts that, cumulatively, could tip the scales toward criminal liability. The best policy is to CYA. Here are some common-sense suggestions and related fact scenarios courts have previously dealt with:

• Keep cleaning materials near the firearm (R. v. Craft, 2005 YKTC 80 at para 4, where the officer doubted the accused’s explanation that he was cleaning his firearm);
• Keep alcohol or intoxicants away from the firearm;
• Ensure you are not intoxicated while handling firearms;
• Ensure the firearm is unloaded and there is no ammunition nearby;
• Ensure the firearm is not left unattended at any point, even temporarily (R. v. Bickford, 2000 ABPC 60 at paras 19-20);
• Be mindful of whether you are near a school (R. v. Login, 2006 ONCJ 51 at para 271);
• Use a cable lock and/or a chamber flag to provide visual confirmation that the firearm’s chamber is empty (and not loaded) in the event there is a police response;
• Always point the firearm in a safe direction to ensure you don't mistakenly point your firearm at a neighbour or in a bystanders' direction;
• Be proactive of whether your neighbours know that you are cleaning your firearm and that the firearm is unloaded (R. v. H.C., 2020 ONCJ 418 at para 194); and
• Never publicly display your firearm in a busy urban centre.

Consider that a police response can lead to a charge and subsequent conviction. It can also result in your detention, arrest, and/or a search. None are desirable. And do not not forget about collateral consequences like having all your firearms seized and your firearms license suspended or cancelled… but YMMV.

Bickford at para 19: the firearm was 1) left in a residential urban community populated by adults and children (the firearm leaned against a truck parked by a residence) 2) propped up against the outside of a motor vehicle with no trigger lock or any other locking mechanism, with the bolt contained in the firearm, and 3) left unattended for a period of five to fifteen minutes, and while the accused was at least 65 feet away. The accused was ultimately acquitted, though because the charge was careless storage and the judge could not convict on the basis of finding careless handling.

Lamoureux, 2003 ABPC 104 at paras 54-56: "the accused's possession of the firearm on the deck outside of his residence in a major urban centre, the City of Calgary, contributed to what was already a dangerous situation with respect to the alleged break and enter" and "the possession of a firearm pointed in the air outside of one's residence in a major urban centre is a recipe for potential disaster".