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R v Felawka
The Rifle on the Train
The facts
The Accused spent the afternoon target shooting and was heading home with his .22 calibre rifle. He boarded a train for the trip back. Not wanting other passengers to be alarmed at the sight of a rifle, he wrapped the gun in his jacket so it would not be seen. He was charged with carrying a concealed weapon. The Crown said the section is straightforward: a firearm is a weapon, he knew it was a firearm, and he deliberately took steps to hide it from the people around him. The Defence said the section was never meant to reach a lawful sport shooter on his way home from a range, that the Accused had no hostile purpose whatsoever, and that covering a rifle so as not to frighten commuters is common courtesy rather than criminal concealment.
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