Carrying a concealed weapon is a serious criminal offence in Canada under Section 90 of the Criminal Code. This law prohibits individuals from carrying a weapon, prohibited device, or prohibited ammunition in a concealed manner unless explicitly authorized under the Firearms Act. If you are facing charges for carrying a concealed weapon, understanding the legal implications, potential penalties, and available defences is crucial.

Carrying a Concealed Weapon: Criminal Code Definition

Under Section 90(1) of the Criminal Code:

"Every person commits an offence who carries a weapon, a prohibited device or any prohibited ammunition concealed, unless the person is authorized under the Firearms Act to carry it concealed."

A "weapon" is broadly defined as any object designed or intended to cause harm or intimidate others. This includes firearms, knives, and even everyday objects that are used or intended to be used as weapons.

Key Elements of the Offence

To obtain a conviction, the Crown prosecutor must prove the following elements beyond a reasonable doubt:

  • Possession: The accused had physical or constructive possession of the weapon.
  • Weapon Status: The item in question meets the legal definition of a "weapon," "prohibited device," or "prohibited ammunition."
  • Knowledge: The accused was aware that the item was a weapon.
  • Concealment: The accused took deliberate steps to hide the weapon from view.

The term "carrying" is interpreted broadly and can include situations where the weapon is within reach in a vehicle or concealed within personal belongings.

Facing a carrying a concealed weapon charge? Call (855) 585-1777 for a strong legal defence.

Penalties for Carrying a Concealed Weapon

This offence is considered a hybrid offence, meaning the Crown may choose to prosecute it as either a summary conviction or an indictable offence, depending on the circumstances.

  • Indictable Offence: Up to 5 years imprisonment.
  • Summary Conviction: Up to 2 years less a day in jail and/or a $5,000 fine.

While there is no mandatory minimum sentence, courts consider factors such as prior convictions, the nature of the weapon, and the context of concealment.

Additional Consequences of a Conviction

Beyond legal penalties, a conviction for carrying a concealed weapon can have significant long-term consequences:

  • Criminal Record: May affect employment opportunities, professional licencing, and international travel.
  • Weapons Prohibition Orders: A court may impose an order prohibiting you from possessing firearms or other weapons in the future.
  • Immigration Consequences: Non-citizens may face inadmissibility or removal proceedings under the Immigration and Refugee Protection Act.

Aggravating Factors

Courts may impose harsher penalties based on aggravating factors, including:

  • Previous criminal convictions, particularly for violent offences or weapons-related charges.
  • Possession of the weapon in a public space, school, or high-risk area.
  • Indications that the weapon was intended for use in another crime.
  • Attempts to evade police or resist arrest while in possession of the weapon.
  • Being on probation, parole, or bail at the time of the offence.

Charged with carrying a concealed weapon? Call (855) 585-1777 for a free consultation and expert legal advice.

Summary and Indictable Outcomes Available

Depending on the specifics of your case, the court may consider various sentencing options, including:

  • Discharge
  • Suspended Sentence
  • Fine
  • Fine + Probation
  • Jail
  • Jail + Probation
  • Jail + Fine
  • Conditional Sentence

Defences Against a Carrying a Concealed Weapon Charge

If you have been charged, several defences may be available to challenge the prosecution’s case:

  • Lack of Possession: The Crown must prove that you had control over the weapon. If the weapon was found in a shared residence or vehicle, they must establish exclusive possession.
  • No Concealment: If the weapon was stored in an open or visible manner, it may not meet the legal definition of "concealed."
  • Lawful Authorization: Certain individuals, such as law enforcement officers and licenced security personnel, may have legal permission to carry concealed weapons.
  • Charter Violations: If police discovered the weapon through an unlawful search or a violation of your Charter rights, your lawyer may argue for the evidence to be excluded.

If you are facing a charge of carrying a concealed weapon, seeking immediate legal representation is critical. An experienced criminal defence lawyer can assess the strength of the Crown’s case, identify potential defences, negotiate with the Crown for reduced charges or alternative sentencing, and represent you in court to achieve the best possible outcome.

Don’t Face Your Carrying a Concealed Weapon Charge Alone

An experienced criminal defence lawyer is vital when dealing with Carrying a Concealed Weapon charges. They can guide you through the legal maze, safeguard your rights, and devise a robust defence strategy specific to your case.

Get a Free Legal Consultation With a Criminal Lawyer

Do not hesitate to contact us if you are facing Carrying a Concealed Weapon charges. Call (855) 585-1777 and a skilled criminal defence lawyer will review your case with you and consider your alternatives.

Scroll to Top