The Letters From Inside

The Accused was already in custody on an unrelated charge when firearms charges were laid against him arising from events at a First Nation. The Crown's case was entirely circumstantial. Closed-circuit footage placed him near a library. More damaging were three letters he wrote from prison: in one he directed a man named in the letter to dig up two P-80 firearms buried at a friend's house and to re-bury them elsewhere. The letters also contained references to drug debts. No firearm was ever recovered. He was charged with unauthorized possession, possession knowing the possession unauthorized, transferring a firearm, and possession while subject to a prohibition order. The live issues were whether the buried objects were 'firearms' within the meaning of the Code at all, and whether the Crown had proved a transfer.