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WEAPONS OFFENCES

Weapons and Firearms Defence

Firearms prosecutions carry some of the most rigid sentencing provisions in the Criminal Code, and they almost always begin with a search. That combination means two things: the exposure is serious, and the constitutional issues are usually decisive.

THE CHARGE

What the Crown is alleging

The definition of weapon in section 2 of the Criminal Code is extraordinarily broad. Anything used, designed or intended to cause death or injury qualifies, which is why everyday objects appear in these charges.

Firearms offences form their own scheme. Unauthorised possession, possession of a prohibited or restricted firearm with ammunition, careless storage and possession for a dangerous purpose all carry different elements and very different exposure. Where a loaded restricted or prohibited firearm is alleged, mandatory minimum considerations arise and the Crown positions accordingly.

Almost every one of these files begins with police finding something, in a vehicle, in a bag, in a residence or on a person. The lawfulness of that discovery is therefore the first question, not an afterthought.

Possession is a legal concept

Possession requires knowledge and a measure of control. It can be personal, constructive or joint, but the Crown has to prove it against a specific individual. In a car with several occupants, or a home with several residents, that is a genuine hurdle.

Dangerous purpose

Possession of a weapon for a purpose dangerous to the public peace requires proof of the purpose, not merely the possession. The purpose is inferred, and inferences can be answered.

THE CHARGES IN THIS GROUP

What you may be facing

Unauthorised possession, s. 91
Possession of a firearm without the required licence or registration.
Possession of a prohibited or restricted firearm with ammunition, s. 95
Among the most serious of the possession offences, with substantial custodial exposure.
Possession for a dangerous purpose, s. 88
Requires proof of the purpose, which is frequently the contested element.
Carrying a concealed weapon, s. 90
Concealment is the issue, and it is often a matter of inference from how an item was carried.
Careless use or storage, s. 86
Storage offences that frequently accompany lawful ownership allegations.
Weapons trafficking, s. 99
Transfer and distribution offences, prosecuted very seriously.
Possession contrary to an order, s. 117.01
Breach of an existing firearms prohibition.
Assault with a weapon, s. 267(a)
Where an object is alleged to have been used in an assault.
THE BURDEN OF PROOF

What the Crown has to prove

Every element must be established beyond a reasonable doubt. If one element fails, the charge fails with it.

THE ELEMENTS
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That the item meets the legal definition of a weapon, a firearm, or a prohibited or restricted device, proved by evidence rather than assumption.
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That the accused knew of the item and had control over it, personally, constructively or jointly with another.
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On dangerous purpose counts, the specific purpose alleged, which cannot simply be inferred from possession alone.
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On section 95 counts, that the firearm was loaded, or that readily accessible ammunition was present as the section requires.
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That the search which produced the item complied with section 8 of the Charter, and that any detention complied with section 9.
EXPOSURE

Penalties and consequences

Custodial exposure
Firearms possession offences routinely attract penitentiary length positions from the Crown on conviction.
Mandatory considerations
Several firearms provisions engage mandatory minimum sentences, which narrows the range of available outcomes.
Prohibition orders
Lengthy or lifetime firearms prohibitions follow convictions, along with forfeiture of the item.
Bail
Detention is frequently sought in firearms matters, which makes the bail hearing itself a critical stage.
Employment
Security clearances, licensing and any employment involving trust are affected immediately.
Immigration
For non citizens, firearms convictions carry serious consequences for status.
Sentencing depends on the facts, the record of the accused and the position taken by the Crown. Nothing here is a prediction of the outcome of any particular case.
THE DEFENCE

Where these cases are challenged

The path through a firearms prosecution usually runs through the search, and then through possession.

The search

Vehicle searches, pat downs and residential entries all require lawful authority. Where the authority is absent or exceeded, exclusion of the item under section 24(2) is the issue that decides the case.

Knowledge and control

Where an item is found in a shared space, the Crown must connect it to a person. Fingerprints, DNA, ownership and access evidence are examined closely, and frequently they do not establish what the Crown asserts.

The classification of the item

Whether a device meets the statutory definition of a firearm, or a prohibited device, is a question requiring proof. Operability and classification evidence are both open to challenge.

Purpose

On section 88, the Crown must prove the dangerous purpose. Lawful or innocent explanations for possession, properly supported, answer the inference the Crown asks the court to draw.

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Because the exposure in these matters is high, the sentencing record is built alongside the defence rather than after it, so that if a resolution becomes appropriate the material supporting it is already in place.
HOW THE FILE IS RUN

What happens once you retain

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Disclosure is requested immediately and read in full, including officer notes, audio, video and the continuity of every exhibit.
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Release conditions are reviewed at the outset. Terms that make work, housing or contact with family unworkable can often be varied long before the case ends.
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Legal issues are identified early, while there is still time to build a record for them.
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The Crown is engaged from a prepared position. Resolution is pursued where it serves you, not because it is convenient.
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You are kept informed throughout and you decide how the matter proceeds.
QUESTIONS WE ARE ASKED

Frequently asked questions

The gun was not mine and I did not know it was in the car. Is that a defence?
It goes directly to the element of possession, which requires knowledge and control. That is one of the most commonly successful arguments in these files.
Are mandatory minimum sentences still in force for firearms offences?
Several remain, and others have been the subject of constitutional challenge. Which provisions apply, and whether they can be challenged on your facts, is assessed case by case.
Will I be released on bail?
The Crown frequently seeks detention in firearms matters. A properly prepared release plan with vetted sureties makes a substantial difference, and that preparation begins immediately.
What if the firearm was legally registered to me?
That can answer the possession offences while leaving storage or transport allegations in play. The specific sections charged determine what is actually in issue.
Can a weapons charge be resolved without a criminal record?
On the less serious offences and in the absence of a record, non conviction outcomes are sometimes achievable. On loaded prohibited firearm allegations they are rare, and the focus shifts to the search and to possession.
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