The Gun Without a Magazine

During a roadside stop police found a handgun in the Accused's fanny pack. The handgun was sent for forensic examination, but the magazine and the ammunition that had been with it were not submitted with it. The expert who examined the stripped handgun testified that it could not easily be fired without the magazine - though he also said it could be used if a magazine were inserted. The Accused had told police he had previously fired the gun at a range. The trial judge acquitted, reasoning that making the handgun useable would have required special expertise, considerable time, and parts that were not readily available, so it was not a 'firearm' within the meaning of the Criminal Code. The Crown appealed, arguing that operability must be judged on the whole of the evidence about the weapon as it was actually found - magazine included.