Possession of a loaded prohibited or restricted firearm, Possession of a weapon contrary to a prohibition order, Impaired operation of a conveyance, Failure or refusal to provide a sample, Possession of a firearm knowing its possession is unauthorized, Occupant of a motor vehicle knowing there is a firearm, Careless use or storage of a firearm, Contravention of firearm storage regulations
R. v. Arsenault
- Below the Crown's ask
Sentence and the Crown's position
What the law allows
Donald Francis Arsenault was found guilty after trial of impaired operation, refusing a breath sample and several firearms offences, including possessing a loaded handgun in his car's glove box in Halifax in August 2019 while subject to firearms prohibition orders. The Crown sought 5 years for the loaded firearm offence plus one year consecutive for the prohibition-order breaches; the defence sought 3 years with the breaches concurrent. Justice Norton imposed 4 years for the loaded firearm offence plus 6 months consecutive, for a total of 4 years and 6 months, finding the unexplained handgun in a vehicle in a dense urban area closer to the "true crime" end of the spectrum, along with two $2,000 fines and a one-year driving prohibition.
In the judge's words
1Possession of an unexplained, unlicensed handgun while driving in a densely populated urban area is in my view closer to the “true crime” end of the spectrum.
The record
- Convicted of
- Possession of a loaded prohibited or restricted firearm (CC 95(1))
- Possession of a weapon contrary to a prohibition order (CC 117.01(1), 2 counts)
- Impaired operation of a conveyance (CC 320.14(1)(a))
- Failure or refusal to provide a sample (CC 320.15(1))
- Possession of a firearm knowing its possession is unauthorized (CC 92(1))
- Occupant of a motor vehicle knowing there is a firearm (CC 94(1))
- Careless use or storage of a firearm (CC 86(1))
- Contravention of firearm storage regulations (CC 86(2))
- Prior convictions
- 5 prior convictions1
- At the time of the offence
- Not stated1
- Defence asked for
- 3 years in custody1
- Mandatory minimum
- Found unconstitutional or not applied under a binding ruling1
- Appeal
- Not yet checked
- Counsel
- Crown: Stephen Anstey
Defence: Ian Hutchison
Sources
- R. v. Arsenault, 2022 NSSC 325 Court decision, CanLII, November 15, 2022
[21] The Crown argues that the appropriate sentence is 5 years. Mr. Arsenault argues the appropriate sentence is 3 years. … [29] … The Crown’s position is that Mr. Arsenault should serve one year for each offence, concurrent to each other, but consecutive to the sentence under s. 95(1).
[21] The Crown argues that the appropriate sentence is 5 years. Mr. Arsenault argues the appropriate sentence is 3 years. … [29] … Mr. Arsenault submits that the term of the sentence should be 6 months on each offence, both concurrent to the sentence under s. 95(1).
[20] Pursuant to s. 95(2)(a) Mr. Arsenault is liable to a period of incarceration not exceeding 10 years, the mandatory minimum for a first offence having been struck down by the Supreme Court of Canada in R. v. Nur, 2015 SCC 15.
[1] After trial, by Decision dated August 19, 2022, I found Donald Francis Arsenault guilty of offences pursuant to ss. 320.14(1)(a), 320.15(1), 94(1), 86(1), 92(2), 95(1), 86(2), and (2 counts)117.01: R. v. Arsenault, 2022 NSSC 242.
[7] Mr. Arsenault’s court record discloses that he was convicted of trafficking in controlled substances three times between 2010 and 2017, and on one occasion received a sentence in a federal penitentiary. He has two prior convictions relating to possession of firearms, for which he received a 12-month sentence of incarceration on each.
[22] … Possession of an unexplained, unlicensed handgun while driving in a densely populated urban area is in my view closer to the “true crime” end of the spectrum.
[32] … Accordingly, I sentence Mr. Arsenault to 6 months on each of the offences under s. 117.01, concurrent to each other but consecutive to the sentence imposed for the s. 95(1) offence. … [35] … In this case that would mean in addition to his sentence of 4 years, 6 months on the firearms offences. … [55] Mr. Arsenault shall be credited for the 13 days’ time served on remand at a rate of 1.5:1 for a total credit of 20 days.
- R. v. Arsenault, 2022 NSSC 325 Court decision, Courts of Nova Scotia