Guilty plea to transferring a non-restricted firearm, contrary to s. 99 CC. Accused owned a small town General Store, and unlawfully (without license) sold a firearm to a depressed individual, who later used the gun to kill himself.
Held: 6 month CSO.
As per Nur,  1 SCR 773, the imposition of a 3 year minimum sentence would be “grossly disproportionate on the basis that it is reasonably foreseeable that it will impose cruel and unusual punishment on other individuals. This is often referred to as ‘the reasonable hypothetical.’”
G. Allen – Defence Counsel