Canadian laws on weapons offences are serious and are found mostly in the Criminal Code. These govern possession, carrying and use of weapons, such as firearms and knives, among other things. Two of the most prevalent and often confusing violations are possession charges and the unauthorized carrying of weapons. Though similar, they have distinct legal elements, penalties and degrees of seriousness.
Knowing the difference between possession and unauthorized carrying is crucial for those who may be charged or anyone who wants to better understand the Canadian legal system.
What Constitutes a Weapon?
In Canada, the term “weapon” has a wide definition. This encompasses not just guns (such as handguns and rifles) but also knives, clubs, prohibited weapons, and even ordinary items if they are used or carried for the purpose of causing harm or intimidating others.
This means that many things can result in criminal charges being laid based on possession or use. For instance, a kitchen utensil is not a weapon when used in the kitchen but may be considered a weapon if carried in a menacing way.
Understanding Possession Charges
As we are talking about weapon charges let me introduce myself that I am a Sukhvir Singh working as criminal defence lawyer in Brampton and is sharing much about this topic with you people. Possession is a common charge in weapon cases in Canada. Possession essentially refers to awareness and control of a weapon.
To establish possession, the prosecution will generally need to demonstrate:
- The person knew they had the weapon in their possession
- The individual had control over the weapon
This does not necessarily mean that the weapon is in your hands. It may also mean it is in your home, your car or even in a bag that you carry with you.
A common offence is the illegal possession of a firearm. This is when someone possesses a firearm without a valid licence or registration, as is required by the Canadian Firearms Act.
The punishment for possession offences can vary. For example:
- Possession without lawful authority can result in up to five years imprisonment, if classified as an indictable offence
- Serious cases, such as possession of restricted firearms, or possession with knowledge of unlawfulness, can lead to up to ten years in prison
Possession of weapons can also be an issue in cases involving cars, public places or multiple people. In these circumstances, determining who had “knowledge and control” becomes important.
What Is Unauthorized Carrying?
Unauthorized carrying is when a person is carrying a weapon in a way that is not lawful. This can be done in public without a legitimate reason or permission.
The most common example is concealed carry. In Canada, it’s generally not legal for civilians to carry concealed weapons without special permission.
This is an offence even if:
- The weapon was not used
- There was no intention to harm anyone
- The weapon was concealed and not used
It is sufficient for an offence to have the weapon concealed and carried without reasonable excuse.
Unlawful possession penalties include:
- Five years’ imprisonment on indictment
- Fines or shorter prison sentences for summary offences
A related offence is carrying a weapon at a public meeting without reasonable excuse. When charged with this offence, the prosecution does not need to prove intent to use the weapon, only carrying one.
Possession vs Carrying
While both offences involve weapons, they differ in terms of how you carry or use the weapon.
Possession involves ownership, awareness and control. You could be charged even if the weapon is not being used or carried publicly. For example, you could be charged with possession for storing an unlicensed gun in your house.
On the other hand, unauthorised carrying relates to the physical act of carrying the weapon, particularly in public or concealed locations. It’s more about conduct than possession.
A further key difference is intent. Some possession charges require proof of awareness of possession, whereas some carrying offences don’t require proof that the accused intended to use the weapon to cause harm.
Possession for a Dangerous Purpose
Another charge that falls under both types is possession of a weapon for a dangerous purpose. This offence occurs when someone possesses a weapon with the intent to use it to cause harm to another or to cause a public nuisance.
This is a more serious offence due to its intent element. It attracts serious penalties, including a maximum of 10 years’ imprisonment.
For instance, possessing a weapon during the commission of another offence, like robbery or assault, may attract additional charges and increased penalties.
Legal Consequences and Penalties
The penalties for weapons offences in Canada are serious and affect various aspects of an individual’s life. These may include:
- Prison sentences, ranging from months to years
- Criminal record which impacts on employment and travel
- Bans on future possession of firearms
Minimum penalties may also apply for certain offences, especially those involving guns.
Certain factors, like previous convictions, gang involvement, or using a weapon in the course of another offence, can lead to more serious penalties. If you are facing something like this meet our team of mississauga criminal lawyers they will help you solve your weapon charges.
Defences Against Weapons Charges
The defence against weapons charges will vary with the facts of the situation. The defences may include:
- Lack of knowledge (the accused was not aware of the weapon)
- Lack of control (the gun was not under the accused’s control)
- Lawful authority (e.g., a licence or permit)
- Charter breaches (e.g. unlawful search and seizure)
In cases of concealed weapons, the validity of the search and seizure can be critical in the defence.
Every case is different, and the facts, intent and context of the offence are important. Here I am signing of our bail hearing lawyer Toronto are calling me as we have a meeting with our client tomorrow.
