In Canada, weapons offences are taken very seriously due to the increasing concern over gun violence. The Criminal Code delineates strict penalties to deter such activities.
Definition of a Weapon
Canadian law defines a weapon as any object used to harm, threaten, or intimidate someone. This definition includes a wide range of items, not just firearms. For instance, knives, baseball bats, or any object used to bind someone can be classified as 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 involves using a firearm, or an imitation firearm, while committing another crime. Penalties range from 1 to 14 years in prison for first-time offenders, regardless of whether anyone is harmed.
Careless Use of a Firearm (s.86): Handling or storing a firearm or ammunition carelessly can result in up to 2 years in prison for a first offence if tried as an indictable offence. Repeat offences incur harsher penalties.
Pointing a Firearm (s.87): Pointing a firearm at another person without lawful excuse can lead to up to 5 years in prison, even if the weapon is not loaded.
Possession Offences
Possession of Weapon for Dangerous Purpose (s.88): Possessing a weapon or imitation weapon in a manner 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 lead to up to 5 years in prison if tried as an indictable offence.
Unauthorized Possession of Firearm (s.91): Possessing a firearm without the necessary licensing or registration can result in up to 5 years in prison for an indictable offence.
Possession of Firearm Knowing its Possession is Unauthorized (s.92): Knowing someone possesses a firearm illegally and not taking action 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 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
- v. Huete (2008): A man was convicted for carrying a concealed machete, demonstrating that large, intimidating objects can be considered concealed weapons.
- v. D.A.C. (2007): A young man carrying a knife was found guilty of carrying a concealed weapon despite having no intent to harm.
- v. Nur (2015): This case challenged mandatory minimum sentences for firearm possession, leading the Supreme Court to rule them unconstitutional in some instances for being excessively harsh.
Defending Against Weapons Charges
A strong 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 to any search conducted by the police, or if there is doubt about who had actual possession of the weapon, these factors can be critical to your defence. A criminal lawyer can review the specifics of your case and determine what substantive and procedural (Charter) defences may exist.