Comment 107505

By CharlesBall (registered) | Posted January 05, 2015 at 11:55:59 in reply to Comment 107494

Just because some people are charged with careless operation of a vehicle or a firearm doesn't mean that all collisions or accidental discharges of firearms are actionable. You will not find an article in a newspaper about any case that was not investigated, where an investigation was turned down as unnecessary or where one was conducted and nothing came of it.

Firearms operators are responsible for every discharge of their gun, but that responsibility is no different than any other responsibility.

In law, in Canada, there is a thing called absolute liability. That is a level of responsibility where, regardless of explanation, you will be held to be liable for the consequences of the action. That does not apply to firearms or motor vehicles and for good reason.

There is a famous case from Hamilton from the 1990's where two teenage friends were in a basement and a gun went off and one was killed and the other was not even charged. I will try to find a reference for you.

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