None of the cabinets had an electronic lock or a key pad or a drill-resistant steel plate behind the locks.
[13] Richard Comblum was qualified as a defence expert in firearms and their storage. Mr.Comblum is the president of Movie Armaments Group, a supplier of firearms and military equipment to the movie industry. His company is licenced to manufacture, transport, import,
1 Photographs of this cabinet were made exhibit lD, p.8-ll.
2 See exhibit 9.
3 His curriculum vitae was made exhibit 1 C.
export and store prohibited firearms and weapons. Mr. Comblum is a licenced gunsmith and is licenced to possess prohibited firearms. In Mr. C6mblum's opinion, a safe is a metal-sided
cabinet that locks. He referred to a definition of"safe" from Black's Law Dictionary cited in an
article on "Safe and Legal Storage ofNon-restricted Firearms" from the National Firearms
Association on the Great Canadian Sportsman website.4 The definition describes a safe as a
"metal container for the storage of valuables". On this basis, Mr. Comblum testified that he believes the defendant's gun lockers are safes.
[15] The dictionary definitions of "safe" generally describe the noun as a "strong container,
usually of metal, and provided with a secure lock for storing valuables": see Black's Law Dictionary, 5th edition;
[18] Parliament's purpose in enacting the firearms legislation was to restrict the possession of potentially dangerous weapons to properly licenced individuals and businesses, for the safety of the public. The storage regulations are designed to ensure that inappropriate persons, such as
children, emotionally distressed or violent individuals, do not have ready access to firearms that could harm them or others: see Reference re: Firearms Act, [2000] S.C.J. NQ 31 at ~22-24, 57. In
addition, where prohibited firearms are involved, collectors are "attractive targets for thieves" who intend to use the guns or sell them to others, thereby endangering the community: see R. v.Hasselwander, supra at ~40.
[19] Even where a gun storage unit is described as a "safe", there may be considerable variations in its characteristics, including size, weight, wall thickness, the location of the hinges,
the nature of the locking mechanism and resistance to water or fire: see, for example, exhibits 3A, 3B, 7 A, 7B, 10, 11, 13. Unlike jurisdictions such as California, Parliament has not chosen to designate minimum standards for gun safes or certify certain types of safes as meeting the regulatory requirements.
[22] I find that the cabinets in which the defendant's prohibited firearms were stored fall within the definition of a safe. Both of the lockers in which the prohibited firearms were stored were made of steel. Each cabinet was securely locked: one by a key and a padlock; the other by a locking system that uses a key to unbolt rods in the door from the frame of the unit. Indeed, despite their disagreement on other issues, the Crown and the defence expert both accepted that the units were securely locked. The Crown has not proven beyond a reasonable doubt that there was non-compliance with the regulation. The charges are dismissed.