Facts

The facts can be summarized as follows: - In 1995, the parents (Mr. and Mrs. V.) gave an air rifle to their son [S.], who was then 10 years old. They instructed him on its use, but prohibited him from shooting at people. - The rifle and ammunition were stored in a locked cabinet in the parents' bedroom, with the key left in the lock. - On February 21, 1996, [S.] took out the rifle and shot another child, O., causing serious injury to O.'s right eye. - The parents were convicted of negligent serious bodily harm. They appealed this decision.

Considerations

The SCC dismissed the parents' appeal. It considered that the parents had failed in their duty of care by storing the rifle and ammunition in an insufficiently secure manner, while a minor child was living in the same household. Although air rifles are not "weapons" within the meaning of the WA, they pose a similar danger and exert a strong attraction on children. Therefore, the principles developed for the secure storage of firearms also apply to these air…