Weapons Offence Lawyer in Canada

What Weapons Offences covers in Canadian criminal law

Common charges in this area

• The item met the statutory definition of a weapon, firearm, prohibited device or prohibited ammunition
• The accused had possession, meaning knowledge and control
• The absence of a licence, registration certificate or authorisation, where the charge requires it
• For section 88, that the accused possessed the weapon for a purpose dangerous to the public peace
• Identity of the accused and the date and jurisdiction of the alleged offence

Penalties and consequences

• Significant custody, with section 95 carrying a maximum of ten years on indictment
• Mandatory weapons prohibition orders under sections 109 and 110
• Forfeiture of the firearm and related property
• Loss of a firearms licence and permanent difficulty obtaining one in future
• Immigration consequences and United States border inadmissibility

Common defences

• Absence of knowledge or control, particularly where the weapon was found in a shared vehicle or residence
• The item did not meet the statutory definition of a firearm or weapon, which may require expert evidence on operability
• A valid licence, registration or authorisation existed at the material time
• For section 88, the purpose was lawful, such as a tool carried for work
• Section 8 Charter challenges to the search that located the weapon
• Section 24(2) exclusion of the firearm and any derivative statements

Weapons offence lawyer: frequently asked questions

Is a knife a weapon under the Criminal Code?

A knife is not inherently a weapon. Section 2 defines a weapon as anything used, designed to be used, or intended for use in causing death or injury, or for threatening or intimidating. A utility knife carried for work is not a weapon; the same knife carried for protection can be, which is why charges under section 88 turn on purpose.

What happens to my firearms licence if I am charged?

A charge can trigger an immediate revocation of a firearms licence by the Chief Firearms Officer, and police will normally seize the firearms. That administrative process runs in parallel with the criminal case and has its own review route, so it should be addressed separately with counsel.

Are the mandatory minimums for section 95 still in force?

The mandatory minimum sentences for section 95 have been the subject of significant constitutional litigation and legislative change. Whether a minimum applies to a particular charge depends on the Crown's election and the current state of the law, which counsel should confirm on the specific allegation.