Absolute discharge in silencer case

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This article was published 26/07/2023 (984 days ago), so information in it may no longer be current.

A Canadian Armed Forces member was given an absolute discharge after attempting to import a firearm silencer last year.

David Mayer-Mule, 36, pleaded guilty to importing a prohibited device in provincial court Tuesday. The Crown and defence disagreed on the sentence for Mayer-Mule, who lives in Wawanesa.

The Crown asked the court to sentence him to a conditional discharge, with a one-year probation and 100 hours of community service work. The defence submitted that Mayer-Mule be given an absolute discharge, in which no conviction is entered on a criminal record.

Crown attorney Caroline Lacey read the evidence for the charge in court.

In March 2022, a Canadian Border Services Agency officer at the Winnipeg airport intercepted a package. The officer found the package contained two firearm suppressors, which are prohibited devices in Canada.

The package was destined for Mayer-Mule at an address listed to him. CBSA passed the information along to the Brandon RCMP, who obtained a search warrant in April for Mayer-Mule’s home.

When police searched the home, they found about 14 firearms. Though Mayer-Mule had a valid possession and acquisition licence for the firearms, police found that some guns were unsafely stored. Two long guns were standing up against the bookshelf in the bedroom and there was no trigger lock attached to the guns. There was a handgun in its original box, without a trigger lock, on the bookshelf. A rifle that was still in its original box still wrapped in clear plastic was on the floor, without a locking mechanism.

Loose ammunition was also found on the bookshelf.

At the time of his arrest, Mayer-Mule told police that he used his cellphone to place the online order of “solvent traps” and that his wife had nothing to do with any of the firearms that were unsafely stored, or the ordering of any parts online.

According to the RCMP website, firearm silencers are often imported into Canada under the guise of “solvent traps” or “fuel filters.” While a genuine solvent trap is used to catch and trap gun cleaning solvent during the cleaning process, Mounties have determined that several devices being imported under the name, turn out to in fact, be firearm silencers.

The Criminal Code prescribes that any device designed to muffle or stop the sound or report of a firearm is a prohibited device, and the import of such a device is illegal.

Lacey said that prosecution and defence had lengthy conversations about the sentence for Mayor-Mule and given his lack of a criminal record with related convictions, determined that the Crown position was a conditional discharge with community service and a two-year firearms prohibition.

While both a conditional and absolute discharge both acknowledge a finding of guilt without registering a conviction, a conditional discharge requires that conditions be met before that no conviction is entered. Lacey submitted that the community service work would serve as the punishment portion of the sentence.

“He works for the military as a member of our armed forces. He should have known that this was not something he could do,” Lacey said. “There’s a reason we don’t sell them here in Canada.”

Mayer-Mule’s defence lawyer, Richard Wolson, told the court that a conditional discharge would impact his client’s ability to travel to the United States for work. Wolson said that Mayer-Mule had previously completed work alongside an American military unit in Alaska, and if the judge handed the 36-year-old a conditional discharge, his opportunities to work in the country would be compromised. He said that Mayer-Mule, who has been in the military for 11 years, had achieved the rank of master bombardier and has a specialty in drones.

Wolson said that his client has already completed the 100 hours of community service in Wawanesa. The defence lawyer said that Mayer-Mule has experienced consequences for months as a result of the charge. Mayer-Mule was unable to do a tour in Latvia as a result of his charge, Wolson said. Because of the charges, Mayer-Mule has also been unable to take certain career courses, which would have allowed him to climb another rank.

“He has an important job, not just for himself and his family, but for all Canadians,” Wolson said.

The defence lawyer said that Mayer-Mule saw the solvent traps when he was working in Alaska and wanted to try them out. Wolson said that his client acknowledges what he did was wrong, but the defence lawyer emphasized that the devices were not intended for a criminal purpose, and that his client is a firearms collector and target shooter.

Wolson asked the judge to not impose the firearms prohibition that the Crown asked for, arguing that the 15 months that Mayer-Mule has not been able to possess firearms after he was arrested was sufficient penalty.

Mayer-Mule apologized to the court for his actions. “I just want to move forward and put this issue behind me and just be a member of the community,” he said.

Judge Patrick Sullivan said that though there was no evidence for Mayer-Mule intending to use the silencers for a nefarious purpose, even having the devices is illegal in Canada.

“Firearms ownership is a privilege,” the judge said. “It’s not a right.”

The judge considered the “glowing” reference letters from Mayer-Mule’s military colleagues, which were filed for the sentencing proceedings, as well as a letter from a public works manager confirming he completed 100 hours of community service work.

Ultimately, Sullivan ordered an absolute discharge for Mayer-Mule, though the judge chose to sentence the man to a two-year firearms prohibition with an exception for work purposes.

He also reminded Mayer-Mule to tell his colleagues in the military who have interests in firearms that there are consequences for these types of actions.

“I think the best thing you can do in the wake of this incident is to spread the message that there are consequences and let others learn from your mistakes,” Sullivan said.

The judge also made an order of forfeiture for the handgun as well as the prohibited devices.

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