Originally Posted by Brian McIlmoyle
These charges were thrown out because in this judges opinion airsoft guns "fail miserably" to be replicas of firearms.
This is a very important decision.. and if not appealed could substantially change the status of airsoft guns in Canada.
Actually, the charges were thrown out because the Crown failed to establish the requisite mental element required for the criminal code offenses.
Despite a lengthy discussion of whether airsoft guns are replicas, the judge ultimately avoided making a decision in this regard and relied upon the mental aspect, "intent".
The is a lower court decision in BC. Courts do not have to follow this decision. It is mildy pursuasive in BC and less so in other provinces. For this reason it may better for Airsoft if the crown tried to appeal this case. A win (for airsoft) in the court of appeal will carry much more weight.