A Saskatoon man was fined $1,000 after his Colt. 45, taken by an 11-year-old boy, was accidently discharged at a Saskatoon elementary school classroom in January.

No one was hurt in the incident, but Judge Daryl Labach said Perry Kenneth Hupet, 44, should have done more to ensure the safety of the gun.

"It was by the grace of God that nobody was hit," said Labach of the incident which happened on Jan. 26 at St. Peter School.

Hupet -- who had entered into a guilty plea earlier today to the improper storage of a handgun -- told his defence lawyer Morris Bodnar that he will no longer store guns in his home.

The boy, the son of Hupet's then girlfriend and now fiancée, didn't live with Hupet at the time, but visited the home frequently. He had become interested in the firearm after Hupet had shown him the Colt. 45.

Hupet had explained to the boy, who is originally from the Philippines where gun laws are not as restrictive, the dangers of the firearm, the court heard.

But despite the talk, the boy remained interested in the gun and had wanted to show it off to his friends at a birthday party.

Hupet told the boy "no" but "much like the forbidden fruit in the garden of Eden" the boy remained tempted, Labach said.

The court heard that the boy had found the handgun in a locked case underneath Hupet's bed while the 44-year-old wasn't home. The keys to the case were found in a bedside table after the boy had searched the home twice.

Ammunition for the gun was also kept in the case and the boy loaded the gun before taking it to school in his backpack.

The gun went off during class while the boy was handling it.

Under the Youth Criminal Justice Act, the boy can’t be publicly identified or charged.

After the incident, Hupet was "very co-operative" with police, the court heard.

He agreed to a search of his home where a second handgun and five rifles, stored in a furnace room, were also found.

In addition to the fine, Hupet will be required to forfeit his handguns and one of the rifles to the Crown. The other four long guns, which were properly locked up, will be returned to Hupet.

fsuen@rawlco.com

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