Firearm and Weapon Offences

In Canada, weapons offences are taken very seriously due to growing concerns over gun violence. The Criminal Code imposes stringent penalties to deter and reduce such offences. 

What Constitutes a Weapon?

A weapon is any object used to harm, threaten, or intimidate someone. This broad definition covers various items, not just firearms. For example, a knife, a baseball bat, or even an object used to bind someone can be considered a weapon if used in a threatening manner.

Common Firearm and Weapon Offences

Use Offences:

Using a Firearm in Commission of an Offence (s.85): This offence occurs when a firearm, or even an imitation firearm, is used while committing another criminal act. Even if no one is harmed, the penalties are severe, ranging from 1 to 14 years in prison for first-time offenders.

Careless Use of a Firearm (s.86): Handling or storing a firearm or ammunition in a manner that is careless or without regard for the safety of others can lead to up to 2 years in prison for a first offence if tried as an indictable offence. Repeat offences carry harsher penalties.

Pointing a Firearm (s.87): Pointing a firearm at another person without a lawful excuse, regardless of whether the weapon is loaded, can result in up to 5 years in prison.

Possession Offences:

Possession of Weapon for Dangerous Purpose (s.88): Possessing a weapon or imitation weapon in a way that is dangerous to public peace or safety can result in up to 10 years in prison if tried as an indictable offence.

Carrying a Concealed Weapon (s.90): Hiding a weapon or ammunition on your person or property without proper authorization can result in up to 5 years in prison if tried as an indictable offence.

Unauthorized Possession of Firearm (s.91): Possessing a firearm without the required licensing or registration can lead to up to 5 years in prison for an indictable offence.

Possession of Firearm Knowing its Possession is Unauthorized (s.92): Knowing someone is possessing a firearm illegally and not taking action to rectify the situation can result in a 10-year prison sentence.

Possession at Unauthorized Place (s.93): Having a firearm in a location where it is not legally permitted can lead to up to 5 years in prison for an indictable offence.

Unauthorized Possession in Motor Vehicle (s.94): Being in a vehicle with a firearm that is not properly licensed or registered can result in up to 10 years in prison if tried as an indictable offence.

Possession of Prohibited or Restricted Firearm with Ammunition (s.95): Having a loaded prohibited or restricted firearm or having accessible ammunition without proper authorization can result in a maximum of 10 years in prison if convicted.

Possession of Weapon Obtained by Commission of Offence (s.96): Possessing a weapon or ammunition that was obtained through criminal activity can lead to up to 10 years in prison if tried as an indictable offence.

Breaking and Entering to Steal a Firearm (s.98): Illegally entering a place with the intent to steal a firearm carries a potential life sentence.

Trafficking and Assembly Offences:

Weapons Trafficking (s.99): Engaging in the illegal sale or transfer of firearms can result in 3 to 10 years in prison if convicted.

Making Automatic Firearm (s.102): Modifying a firearm to enable it to fire automatically can result in up to 10 years in prison if tried as an indictable offence, with a minimum sentence of 1 year.

Import/Export Offences:

Unauthorized Importing/Exporting (s.103, s.104): Illegally bringing firearms into or out of Canada can result in 3 to 10 years in prison if done knowingly.

Offences Related to Lost, Damaged, or Destroyed Weapons

Failure to Report a Lost or Found Firearm (s.105): Not reporting a lost or found firearm to authorities can result in up to 5 years in prison if convicted as an indictable offence.

Notable Cases and Legal Precedents

1. v. Huete (2008): A man was convicted for carrying a concealed machete, showing that large, intimidating objects can be deemed concealed weapons.
2. v. D.A.C. (2007): A young man carrying a knife was found guilty of carrying a concealed weapon despite no intent to harm.
3. v. Nur (2015): This case challenged mandatory minimum sentences for firearm possession, leading the Supreme Court to rule them unconstitutional in some cases for being excessively harsh.

Defending Against Weapons Charges

A robust defence against weapons charges involves scrutinizing the arrest process for any violations of your rights. If the police did not follow proper procedures (in particular in relation any search conducted by the police) or if there is doubt about who had actual possession of the weapon, these points can be pivotal in your defence. A criminal lawyer can review the specifics of your case and determine the most effective defences to use.