Norman Monty PORTER, between the 16 th day of May, 2002 and  the 4 th day of November, 2002, inclusive, at or near Central Saanich,  in the Province of British Columbia, did possess a prohibited device, a cartridge  magazine that is capable of containing more than 10 cartridges of the type  for which the magazine was originally designed and that is designed or manufactured  for use in a semi-automatic handgun that is commonly available in Canada,  while not being the holder of a licence under which he may possess it, contrary  to Section <mask> of the Criminal Code.


I differ from my colleague in one other respect. He would balance the mitigating factors against two significant aggravating factors: (1) the appellant was on bail for an unspecified charge at the time of the shooting and the terms of his bail prohibited him from possessing any firearm; and (2) the shooting was part of a course of conduct during which the appellant displayed a blatant disregard for the safety of those around him. The trial judge adverted to what in my view is a third significant aggravating factor: the firearm was a prohibited weapon. Section <mask> of the Criminal Code provides for a three year minimum sentence merely for possessing a loaded prohibited firearm. This case is very different than one involving an accident with a hunting rifle.


(iii) an offence under <mask>section 146(1) (sexual intercourse with a female under 14) or (2) (sexual intercourse with a female between 14 and 16) or section 151 (seduction of a female between 16 and 18), 153 (sexual intercourse with step-daughter), 155 (buggery or bestiality), 157 (gross indecency), 166 (parent or guardian procuring defilement) or 167 (householder permitting defilement) of the Criminal Code , chapter C-34 of the Revised Statutes of Canada, 1970, as it read immediately before January 1, 1988; or


(1) Everyone who procures a person to offer or provide sexual services for consideration or, for the purpose of facilitating an offence under <mask>section 286.1(1), recruits, holds, conceals or harbours a person who offers or provides sexual services for consideration, or exercises control, direction or influence over the movements of that person, is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years.