Weapons offence Lawyers in Canada

Section 2 of the Criminal Code defines the words most of these charges use. A weapon is 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 it includes a firearm. A firearm is a barrelled weapon from which any shot, bullet or other projectile can be discharged and that is capable of causing serious bodily injury or death to a person.

Under section 85, a person commits an offence who uses a firearm while committing an indictable offence, while attempting to commit one, or during flight after committing or attempting one. This applies whether or not the person causes or means to cause bodily harm. Section 88 covers carrying or possessing a weapon, an imitation of a weapon, a prohibited device or any ammunition for a purpose dangerous to the public peace or for the purpose of committing an offence. Section 90 covers carrying a weapon concealed, unless the person is authorized under the Firearms Act to carry it concealed.

Section 91 covers possessing a prohibited firearm, a restricted firearm or a non-restricted firearm without being the holder of a licence under which the person may possess it. For a prohibited or restricted firearm, it also requires a registration certificate. Section 92 uses nearly the same wording but adds knowledge: the person possesses the firearm knowing that they are not the holder of the licence. Section 95 covers possessing a loaded prohibited or restricted firearm, or an unloaded one together with readily accessible ammunition that can be discharged in it, without the authorization or licence and the registration certificate.

Section 117.01 covers a person who possesses a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part, any ammunition or an explosive substance while prohibited from doing so by an order.

The Crown is the prosecutor. Section 11(d) of the Charter gives a person charged with an offence the right to be presumed innocent until proven guilty, so the Crown is the side that has to prove the charge.

The parts of each offence are the ones the section lists. For a section 91 charge, they include the kind of firearm and the absence of the licence. For a section 88 charge, they include the purpose. For a section 92 charge, they include the knowledge. Most of these charges also depend on possession. Under section 4(3) of the Criminal Code, a person has anything in possession when they have it in their personal possession or knowingly have it in the actual possession or custody of another person, or in any place, for the use or benefit of themselves or another. Whether each part is proved is for the court to decide on the evidence.

The maximums differ by section. Using a firearm in section 85 is an indictable offence with a maximum of 14 years, and the sentence shall be served consecutively to any other punishment imposed for an offence arising out of the same event. Section 88 carries up to ten years on indictment, or it can be prosecuted as a summary conviction offence. Section 90 carries up to five years on indictment, or summary conviction. Section 91 carries up to five years on indictment, or summary conviction. Section 92 is indictable, with a maximum of 10 years. Section 95 carries up to 14 years on indictment, or summary conviction. Section 117.01 carries up to ten years on indictment, or summary conviction.

A maximum is the ceiling the law allows. It does not say what sentence a court would give in any case.

Prohibition orders are a separate consequence. Section 109(1)(b) lists convictions, or discharges, for offences under section 85 and under section 95(1), among others. The court shall then make an order prohibiting the person from possessing firearms, weapons and ammunition. For a first conviction, section 109(2) sets the period. It is life for any prohibited firearm, restricted firearm, prohibited weapon, prohibited device and prohibited ammunition. For other items it ends not earlier than ten years after release from imprisonment or, if there is none, after the conviction or discharge.

Section 110 covers other offences. There the court shall consider whether it is desirable, in the interests of safety, to make an order.

The sections themselves contain exceptions. Sections 91 and 92 do not apply to a person who possesses a firearm under the direct and immediate supervision of a person who may lawfully possess it. They also do not apply to a person who comes into possession by the operation of law and, within a reasonable period, lawfully disposes of it or obtains a licence. Section 95 has a similar supervision exception. Whether an exception applies is for the court.

Charter rights apply as in any criminal case. Section 8 gives everyone the right to be secure against unreasonable search or seizure. Section 10 gives the right, on arrest or detention, to retain and instruct counsel without delay and to be informed of that right. Under section 24(2), evidence obtained in a manner that infringed Charter rights is excluded if admitting it would bring the administration of justice into disrepute. Whether a right was infringed in a particular case is for the court.

In Ontario, every charge under the Criminal Code starts in the Ontario Court of Justice, and about 95% of charges are completed there. The Superior Court of Justice can try any indictable offence but generally tries only the most serious ones. The court's own description lists firearm offences among them.

A person who is arrested may be taken before a justice for a release decision. Under section 515, the justice shall make a release order without conditions unless the prosecutor shows cause why detention in custody is justified or why another order under that section should be made. Section 493.1 adds that primary consideration goes to release at the earliest reasonable opportunity and on the least onerous conditions that are appropriate.

A summary conviction appeal in Ontario goes to the Superior Court of Justice in the region, district or county where the case was decided. An appeal from a conviction on indictment goes to the court of appeal. It is as of right on a question of law alone, with leave on questions of fact or mixed law and fact, and with leave against sentence.

Legal Aid Ontario may pay for a lawyer if the person qualifies and is charged with a crime that could mean jail on conviction, or is 12 to 17 and charged under the Youth Criminal Justice Act. Duty counsel is a lawyer at the courthouse for that day. Duty counsel can advise on rights, ask to delay a court date, act at a bail hearing, help with a guilty plea, speak at sentencing, and meet the Crown, for people who qualify and have no lawyer.

A legal aid certificate pays a roster lawyer, one approved to take legal aid clients, for the length of the criminal case. Applications are online or by phone at 1-800-668-8258.

The Law Society of Ontario keeps a public Lawyer and Paralegal Directory, where a lawyer's licence can be looked up. The Ontario lawyers on this site are listed by city. Nothing on this page ranks or recommends any of them.