Possessing a weapon for a dangerous purpose is a serious criminal offence in Canada under Section 88 of the Criminal Code. This offence prohibits individuals from carrying or possessing weapons, imitation weapons, prohibited devices, or ammunition if they intend to use them in a manner that threatens public safety or facilitates another criminal act.

If you are facing charges under this section, understanding the legal definitions, possible penalties, and defences is crucial to protecting your rights.

Legal Definition: Possession of a Weapon for a Dangerous Purpose

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."

The term "weapon" is broadly defined under the Criminal Code and includes anything designed, used, or intended to cause harm or intimidate others. This can include firearms, knives, brass knuckles, and even everyday objects if adapted for use as a weapon.

Facing charges for possession of a weapon for a dangerous purpose? Call (855) 585-1777 today for a free consultation and strong legal representation.

Key Elements of Possession of a Weapon for a Dangerous Purpose

For the Crown to secure a conviction under Section 88, they must prove the following elements beyond a reasonable doubt:

  1. Possession – The accused had physical or constructive possession of the weapon.
  2. Weapon Classification – The object in question qualifies as a weapon, imitation weapon, prohibited device, or ammunition.
  3. Purpose – The possession was for a reason that was:
    • Dangerous to the public peace, or
    • Intended for committing another offence.
  4. Actual or Potential Threat – The possession must present a real or perceived danger to public safety.

Simply possessing a weapon is not sufficient for a conviction—the Crown must prove that the possession was for a dangerous or unlawful purpose.

Potential Consequences for Possession of a Weapon for a Dangerous Purpose

Possession of a Weapon for a Dangerous Purpose is a hybrid offence, meaning the Crown may prosecute it as either an indictable offence or a summary conviction offence, depending on the severity of the case.

If Proceeded by Indictment:

  • Maximum 10 years imprisonment

If Proceeded Summarily:

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

There is no mandatory minimum sentence, meaning judges have discretion in sentencing based on the circumstances.

Charged with possession of a weapon for a dangerous purpose? Call (855) 585-1777 now to discuss your defence options.

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

A conviction for possession of a weapon for a dangerous purpose can have serious long-term repercussions, including:

  • Criminal Record – A permanent criminal record may affect employment, housing, and travel opportunities.
  • Weapons Prohibition Orders – Courts may impose a ban on firearm or weapon possession.
  • Immigration Consequences – Non-citizens may face inadmissibility or deportation under Canada’s immigration laws.

Aggravating Factors Leading to Harsher Penalties

Courts may impose stricter penalties if aggravating factors are present, such as:

  • A history of weapons offences or violent crime
  • Possessing a weapon in a public place, school, or other high-risk area
  • Evidence that the weapon was intended to commit another crime
  • Possession of a loaded firearm
  • Use of the weapon to threaten or intimidate others

Don’t face weapon possession charges alone! Call (855) 585-1777 to speak with a skilled criminal defence lawyer today.

Dispositions Available for Possession of a Weapon for a Dangerous Purpose

Judges have discretion in sentencing, and possible outcomes include:

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

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

Depending on the details of the case, several legal defences may be available:

  • 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 home or vehicle, the Crown must establish that the accused had exclusive knowledge and control over it.
  • No Dangerous Intent: The Crown must prove that the weapon was possessed for a dangerous purpose. If the accused had the weapon for a legitimate reason (e.g., self-defence with no intent to harm others), this may be a viable defence.
  • Lawful Authorization: Certain individuals, such as law enforcement officers, security personnel, and licensed individuals, may be legally permitted to carry weapons under specific circumstances.
  • Charter Rights Violations: If the weapon was discovered as a result of an unlawful search or seizure, or if the accused’s Charter rights were violated in any way, the defence may seek to have the evidence excluded from trial.
  • Self-Defence: While self-defence is not an automatic defence, if an individual possessed a weapon to protect themselves from an imminent and inescapable threat, it may be a mitigating factor in court.

If you are facing charges for possession of a weapon for a dangerous purpose, it is crucial to seek legal counsel as soon as possible. An experienced criminal defence lawyer can assess the strength of the Crown’s case, negotiate for reduced charges or alternative sentencing, and represent you in court to achieve the best possible outcome.

Don’t Face Your Possession of a Weapon for a Dangerous Purpose Charge Alone

An experienced criminal defence lawyer is vital when dealing with Possession of a Weapon for a Dangerous Purpose 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 Possession of a Weapon for a Dangerous Purpose charges. Call (855) 585-1777 and a skilled criminal defence lawyer will review your case with you and consider your alternatives.

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