The background facts are that the appellant, Mr. Cancade, was arrested while attempting to pick up a delivery of seven magazine casings, sometimes termed shells or containers, which he had ordered from a U.S. mail order supplier of firearms and parts. He testified he dealt with this supplier because it was a reputable firm and the prices quoted were quite reasonable. This type of magazine, which has a 30-round capacity, can be used in an AR15 rifle. The appellant said he was knowledgeable about weapons and intended to make alterations to the casings in order to bring them into compliance with Canadian law, which requires a casing to have no more than a 5-round capacity. A firearms expert called by the Crown testified that these items as imported did not have an internal spring, a bottom plate or a follower plate, parts that would need to be installed in order to make the casings functional as magazines.
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The judge found the appellant guilty on counts of importing and possessing a prohibited device on February 19, 2008 under the applicable weapons sections of the Criminal Code