WEAPONS & FIREARMS

Firearms and weapons offences in Canada can carry very strict sentences and even mandatory minimums for a certain number of offences. NEED A LITTLE MORE HERE

Criminal Code of Canada – Weapons and Firearm Offences

The Criminal Code of Canada has various sections which deal with weapons and firearms; some of the most common weapons and firearms related charges are:

Code Section Offence Maximum Punishment
Section 86 Careless use or storage of a firearm or weapon ·       Hybrid Offence

·       Imprisonment not exceeding 5 years

Section 88 Possession of a weapon for a dangerous purpose ·       Hybrid Offence

·       Imprisonment not exceeding 10 years

Section 90 Carrying a concealed weapon ·       Hybrid Offence

·       Imprisonment not exceeding 5 years

Section 91 Unauthorized possession of a firearm or weapon ·       Hybrid Offence

·       Imprisonment not exceeding 5 years

Section 92 Possession of firearm knowing its possession is unauthorized ·       Indictable Offence

·       Imprisonment not exceeding 10 years

Section 108 Tampering with serial number ·       Hybrid Offence

·       Imprisonment not exceeding 5 years

Section 267 Assault with a weapon ·       Hybrid Offence

·       Imprisonment not exceeding 10 years

Section 272 Sexual assault with a weapon ·       Indictable Offence

·       Minimum imprisonment of 4 years (victim over 16)

·       Imprisonment not exceeding 14 years

*Hybrid Offence: The prosecution can decide whether to proceed by indictment (more serious) or summary conviction (less serious).

Section 2 of the Criminal Code of Canada – What is a Weapon?

This section defines ‘weapon’ and states:

Weapon means any thing used, designed to be used or intended for use

  • In causing death or injury to any person, or
  • For the purpose of threatening or intimidating any person

And, without restricting the generality of the foregoing, includes a firearm and, for the purpose of sections 88, 267 and 272, any thing used, designed to be used or intended for use in binding or tying up a person against their will.

The design of an object may deem such object as a weapon, but more often than not, it is the intended use of the object which is important. Even a coffee cup can be considered a weapon if the intention was such.

Been Charged With a Weapons or Firearms Offence?

Effective defense counsel can, in some circumstances, attempt to have evidence excluded based on the legality of the search warrant, or, if the Charter of Rights and Freedoms of the accused have been violated, during detention, an arrest or the execution of a search warrant. It is important to speak to a lawyer before pleading guilty to ensure all defenses available have been considered. Some of the harshest sentences within the Criminal Code of Canada are for weapons and firearms offences.

If you need a lawyer, please call us at, 905-497-7200