What do ya think of this......
http://www.canoe.ca/NewsStand/OttawaSun ... 03782.html
TORONTO -- A man and his common-law wife face firearms charges after a photo lab came across a picture of a baby posing with a handgun, the Toronto Sun reported yesterday. Det. Const. Brad Canu said security at a west-end grocery store called police after they spotted the alarming snapshots.
Police were able to get an address for the couple, and seized two handguns -- including a pellet gun -- and several prohibited knives.
Shane Andrew Whiley, 26, and Vicky Rita Deschamps, 22, are charged with several firearms offences.
Couple charged after baby gun pics....
Moderator: Excalibur Marketing Dude
I haven't seen the photos, obviously, but I would think it unlikely charges relating to the firearms would stand up.....IF they were legally possessed by the persons accused.
If they were unregistered handguns, or were set up so as to point at the child, that could be an offence. However proving it may be another matter.
If the knives were switchblades, they are prohibited in Canada. No one can lawfully have such in their possession. Proving that offence here may be difficult.
On a technical side, it would be interesting to see what information was the basis for the issuance of the search warrant. It is a definite possibility that all the charges could be tossed out. Maybe the persons depicted were "known to the police" and they could not legally possess handguns. On the other hand I would wonder if the photos did demonstrate any crime being commited, but merely triggered a "politically correct" response from the police. That could affect the validity of the search warrant and therefore prevent the evidence seized from being used.
If they were unregistered handguns, or were set up so as to point at the child, that could be an offence. However proving it may be another matter.
If the knives were switchblades, they are prohibited in Canada. No one can lawfully have such in their possession. Proving that offence here may be difficult.
On a technical side, it would be interesting to see what information was the basis for the issuance of the search warrant. It is a definite possibility that all the charges could be tossed out. Maybe the persons depicted were "known to the police" and they could not legally possess handguns. On the other hand I would wonder if the photos did demonstrate any crime being commited, but merely triggered a "politically correct" response from the police. That could affect the validity of the search warrant and therefore prevent the evidence seized from being used.
"Gun Control Laws"--trying to nag criminals into submission.
I agree it could be tossed out. I don't see how the judge issued a warrant for probable cause from a picture. The gun in the picture could have been a toy. (That a real handgun might have been found later is beside the point) I have a pic of me when I was 3 or 4 yrs old with my uncle. He gave me his half smoked cigar and I have it in my mouth. Guess we better bust him as that cigar might have contained marijuana. Duh? 
This isn't the USA! Welcome to "Kanukistan"! You have no rights to bear arms here. The Canadian gun law does not require a search warrant to go through your home and take all your guns whether registered or not for whatever reason they may or may not have. Also, they can keep them for as long as they wish or deem appropriate too.
Pete
The great outdoors is where I want to be.
The great outdoors is where I want to be.
If true, that would explain why the police could get a search warrant, especially if the person in the photo was the subject of a firearms prohibition order!
I hope the identity of the photo lab worker who called the police is ever disclosed.
I hope the identity of the photo lab worker who called the police is ever disclosed.
"Gun Control Laws"--trying to nag criminals into submission.