Possession of a Weapon for a Dangerous Purpose

Possession of a weapon for a dangerous purpose is a criminal offence in Canada under Section 88 of the Criminal Code. This law makes it illegal to possess a weapon, imitation weapon, prohibited device, or ammunition for a purpose that is dangerous to the public peace or intended for the commission of an offence. 

If you have been charged under this section, it is crucial to understand the legal elements, potential penalties, and available defences.

Possession of a Weapon for a Dangerous Purpose: Criminal Code Definition

Section 88(1) of the Criminal Code states:

"Every person commits an offence who carries or possesses a weapon, an imitation of a weapon, a prohibited device or any ammunition or prohibited ammunition for a purpose dangerous to the public peace or for the purpose of committing an offence."

A "weapon" is defined under the Criminal Code as anything used, designed to be used, or intended for use in causing injury, death, or threatening or intimidating another person. This can include firearms, knives, brass knuckles, or any item adapted for use as a weapon.

Arrested for possessing a weapon for a dangerous purpose? Get expert defence now—call (306) 994-9522 for a confidential case review.

Essential Elements of Possession of a Weapon for a Dangerous Purpose

To secure a conviction for possession of a weapon for a dangerous purpose, the Crown prosecutor must prove beyond a reasonable doubt that:

1. Possession – The accused had physical or constructive possession of the weapon.
2. Weapon Status – The object qualifies as a "weapon," "imitation weapon," "prohibited device," "ammunition," or "prohibited ammunition."
3. Intent – The accused had possession for a purpose that was:
   • Dangerous to the public peace, or
   • Intended for committing an offence.
4. Danger to Public Peace – The weapon posed an actual or potential threat to public safety.

Possession alone is not enough to establish guilt—the Crown must prove the intended purpose was dangerous.

Penalties for Possession of a Weapon for a Dangerous Purpose

This is a hybrid offence, meaning the Crown can choose to proceed by summary conviction or indictment, depending on the severity of the case.

Indictable Offence

• Maximum penalty: 10 years imprisonment

Summary Conviction

• Maximum penalty: 2 years less a day in jail and/or a $5,000 fine

There is no mandatory minimum sentence. Courts consider factors such as prior criminal history, the nature of the weapon, and the context in which it was possessed.

A conviction can have serious consequences—protect your rights! Call (306) 994-9522 for immediate legal assistance.

Collateral Consequences of a Possession of a Weapon for a Dangerous Purpose Conviction

A conviction under Section 88 can result in significant long-term consequences, including:

• Criminal Record – May impact employment opportunities and international travel.
• Weapons Prohibition Orders – A conviction may result in a court order prohibiting the accused from possessing firearms or other weapons.
• Impact on Immigration Status – Non-citizens may face inadmissibility or deportation under the Immigration and Refugee Protection Act.

Aggravating Factors

Courts may impose harsher penalties if any of the following aggravating factors are present:

• Prior criminal record, especially for weapons-related offences.
• The presence of the weapon in a public place, school, or other high-risk area.
• Evidence that the weapon was intended to be used in another crime.
• Possession of a loaded firearm.
• Use of the weapon to intimidate or threaten another person.

Sentencing Options for Possession of a Weapon for a Dangerous Purpose

Courts have discretion in sentencing. Available dispositions include:

• Discharge (Absolute or Conditional)
• Suspended Sentence
• Fine
• Fine + Probation
• Jail Sentence
• Jail + Probation
• Jail + Fine
• Conditional Sentence (House Arrest) (only available for summary convictions in limited cases)

Weapons charges can be complex—get the defence you deserve. Call (306) 994-9522 for a free case assessment.

Potential Defences Against a Possession of a Weapon for a Dangerous Purpose Charge

Several defences may be available depending on the circumstances of the case, including:

• Lack of Possession: The Crown must prove that the accused had possession or control of the weapon. If the weapon was found in a shared space, such as a vehicle or residence, the Crown must establish that the accused had exclusive control over it.
• Lack of Dangerous Intent: The Crown must prove that the possession was for a dangerous purpose. If the accused had the weapon for a lawful reason (e.g., self-defence without intent to harm others), this may be a viable defence.
• Lawful Authorization: Certain individuals, such as law enforcement officers or those with valid permits, may be legally authorized to possess weapons.
• Charter Violations: If the weapon was discovered due to an unlawful search or violation of Charter rights (e.g., improper police conduct), the defence may challenge the admissibility of the evidence.
• Self-Defence: While not a complete defence, self-defence may apply in cases where the accused possessed a weapon to protect themselves from an imminent threat.

If you have been charged with possession of a weapon for a dangerous purpose, contact an experienced criminal defence lawyer today to discuss your case and legal options.

Have You Been Charged with Possession of a Weapon for a Dangerous Purpose?

An experienced criminal defence lawyer is essential when facing Possession of a Weapon for a Dangerous Purpose charges. A criminal defence lawyer can help you navigate the complexities of the legal system, protect your rights, and develop a strong defence strategy tailored to your case.

Need a Criminal Defence Lawyer? Get a Free Legal Consultation With Nicholas Robinson, Criminal Defence Lawyer

Don't hesitate to reach out to us if you have been charged with Possession of a Weapon for a Dangerous Purpose. Call (306) 994-9522, and a skilled criminal defence lawyer will discuss your case with you and explore your options.