Defending Firearms and Weapons Charges in Ontario

Firearms-related criminal charges can have serious consequences, including imprisonment, restrictions on firearm ownership, and lasting effects on employment and personal life. Depending on the allegations, a case may involve unauthorized possession, unsafe handling or storage, possession of a prohibited firearm, weapons trafficking, or the use of a firearm in connection with another alleged offence.

At Lex Magnus Law, we understand the importance of carefully assessing the allegations, the evidence, and the legal circumstances surrounding a firearms investigation.

These cases may involve complex questions about possession, licensing, firearm classification, police searches, and the admissibility of evidence. A detailed review can help identify potential legal issues and determine which defence options may be available.

Our approach focuses on protecting your legal rights, examining the prosecution’s evidence, and helping you understand the legal process and potential consequences of the charge.

Common Firearms and Weapons Offences in Canada

The Criminal Code of Canada establishes several offences involving firearms and other weapons. The applicable charge and potential penalties depend on the alleged conduct, the type of firearm or weapon, the circumstances of the incident, and the statutory provisions involved.

1. Unauthorized Possession of a Firearm — Section 91

Section 91 addresses possession of a firearm without the required licence and, where applicable, registration certificate, subject to statutory exceptions.

These charges may arise when a firearm is discovered in a vehicle, residence, storage area, or other location and the required authorization is allegedly absent.

A defence review may examine whether the accused possessed the firearm, whether the required documentation was valid, and whether any statutory exception applies.

2. Possession of a Prohibited or Restricted Firearm with Ammunition — Section 95

Section 95 addresses specified circumstances involving possession of a loaded prohibited or restricted firearm, or an unloaded firearm of that classification accompanied by readily accessible ammunition capable of being discharged in it, without the required authorization and registration certificate.

These allegations can carry significant penalties. The classification of the firearm, the circumstances of possession, and the applicable authorization requirements may all be important to the case.

3. Careless Use, Handling, Storage, or Transportation — Section 86

Section 86 addresses the careless use, carrying, handling, shipping, transportation, or storage of firearms and certain other regulated items, as well as specified regulatory contraventions.

These allegations may arise from improper storage, unsafe handling, transportation concerns, or incidents involving the discharge or display of a firearm.

The circumstances, applicable safety requirements, and available evidence must be examined to determine whether the alleged conduct satisfies the legal elements of the offence.

4. Possession of a Weapon for a Dangerous Purpose — Section 88

Section 88 addresses possessing or carrying a weapon, imitation weapon, prohibited device, or certain ammunition for a purpose dangerous to the public peace or for the purpose of committing an offence.

The prosecution must establish the relevant elements, including the alleged purpose. The surrounding circumstances and evidence concerning the accused’s conduct may be important in assessing the charge.

5. Pointing a Firearm — Section 87

Pointing a firearm at another person without lawful excuse may constitute an offence under Section 87, whether the firearm is loaded or unloaded.

These allegations can arise during disputes, confrontations, or other incidents in which a firearm is allegedly directed at another person.

A defence assessment may examine witness accounts, the circumstances of the incident, the identification of the accused, and whether the evidence establishes the required elements of the offence.

6. Weapons Trafficking — Section 99

Section 99 addresses specified forms of transferring or offering to transfer firearms, prohibited weapons, restricted weapons, prohibited devices, or ammunition while knowing that the recipient is not authorized to possess the item.

These cases may involve allegations of unlawful sales, transfers, or participation in a broader weapons distribution arrangement.

The nature of the transaction, the accused’s alleged involvement, and the evidence concerning authorization and knowledge may be relevant to the defence.

7. Using a Firearm in the Commission of an Offence — Section 85

Section 85 addresses the use of a firearm or an imitation firearm in specified circumstances involving the commission or attempted commission of certain indictable offences, or flight following such an offence.

This charge may be laid in addition to another criminal charge. Section 85 provides for a maximum term of 14 years’ imprisonment for the indictable offence and contains consecutive-sentencing provisions.

The precise implications depend on the allegations, the applicable statutory provisions, and the circumstances of the case.

8. Possession Contrary to a Firearms Prohibition Order — Section 117.01

Section 117.01 addresses possession of specified firearms, weapons, ammunition, and related items while subject to a prohibition order that prevents such possession.

A person may face a separate charge if they are alleged to have possessed a prohibited item while a relevant order was in force.

The terms and validity of the order, the accused’s knowledge where legally relevant, and the circumstances of the alleged possession may require careful examination.

Potential Penalties and Long-Term Consequences

Firearms offences carry different penalties depending on the specific provision, the mode of prosecution, the type of firearm, the surrounding circumstances, and the accused’s history.

Some offences carry substantial maximum terms of imprisonment. Mandatory minimum sentences, where applicable, must be assessed under the current legislation and relevant constitutional decisions rather than assumed to apply to every firearms charge.

A conviction or related court order may also affect:

  • Firearms licences and eligibility to possess firearms.

  • Employment involving security-sensitive responsibilities.

  • Professional licensing or background checks.

  • Immigration status and admissibility for non-citizens.

  • The possession, seizure, or forfeiture of firearms and other property, where authorized by law.

The actual consequences depend on the offence and individual circumstances. Obtaining legal advice can help clarify which penalties and restrictions may apply.

Our Approach to Firearms Charge Defence

Firearms cases often depend on the circumstances in which a weapon was discovered, the evidence connecting it to the accused, and the legality of the police investigation.

Lex Magnus Law can assess the potential issues relevant to a case, subject to the services offered by the firm.

1. Challenging Searches and Seizures

Section 8 of the Canadian Charter of Rights and Freedoms protects against unreasonable search and seizure. Where police discover a firearm during a search, the lawfulness of that search may be an important issue.

A review of the investigation may include examining:

  • Search warrants: Whether the information supporting the warrant provided adequate legal grounds.

  • Accuracy of sworn information: Whether relevant information was omitted or inaccurately presented to the issuing justice.

  • Scope of the search: Whether the police searched only locations and items authorized by the warrant.

  • Warrantless searches: Whether the search was supported by a recognized legal authority.

  • Consent searches: Whether consent was voluntary and legally effective in the circumstances.

Where a potential Charter violation is identified, the defence may consider an appropriate court application, including an application to exclude evidence under Section 24(2) where the legal requirements are satisfied.

A search-related issue does not automatically mean that the firearm will be excluded. The appropriate legal test must be applied to the specific circumstances.

2. Examining Knowledge and Control

The prosecution must establish the applicable elements of possession under the relevant provision. Depending on the offence, this may involve proving knowledge of the firearm and the required degree of control over it.

These questions can become particularly important when a firearm is found in a shared location.

A defence review may examine:

  • Whether the firearm was found in a shared vehicle or residence.

  • Who had access to the relevant area.

  • Whether the accused knew the firearm was present.

  • Whether physical evidence connects the accused to the firearm.

  • Whether statements or other evidence support the prosecution’s allegations.

Simply being near a firearm does not necessarily establish every element of possession. The evidence must be assessed as a whole under the applicable legal principles.

3. Reviewing Licensing and Authorization

Some firearms allegations depend on whether the required licence, registration certificate, or other authorization was in place.

Depending on the charge, relevant questions may include:

  • Whether the accused held the required Possession and Acquisition Licence (PAL).

  • Whether the licence and any applicable registration certificate were valid at the relevant time.

  • Whether the firearm was correctly classified under the applicable law.

  • Whether transportation, storage, or possession complied with relevant requirements.

  • Whether a statutory exception or authorization applies.

Firearms regulations can be technical and may change over time. The relevant documents and legal requirements should be reviewed against the circumstances of the alleged offence.

4. Examining Forensic and Other Evidence

Depending on the case, the prosecution may rely on forensic evidence, witness statements, surveillance footage, electronic communications, or other records.

A defence review may examine:

  • Fingerprint or DNA evidence, where available.

  • Photographs and video recordings.

  • Police notes and witness statements.

  • Firearm identification and classification evidence.

  • The circumstances in which the firearm was recovered and examined.

The reliability, relevance, and admissibility of this evidence may affect the strength of the prosecution’s case.

5. Assessing Constitutional Challenges to Sentencing Provisions

Some firearms provisions have been the subject of constitutional challenges concerning sentencing requirements.

Where a mandatory minimum sentence or other sentencing provision is relevant, it may be appropriate to assess whether a constitutional argument is legally available in the circumstances.

Such challenges depend on the applicable law and the facts of the case. They are not available or successful in every matter, and the outcome cannot be guaranteed.

6. Preparing for Bail Proceedings

Depending on the charge and the applicable provisions, firearms cases may involve complex bail considerations, including reverse-onus provisions in specified circumstances.

A bail assessment may consider the nature of the allegations, the accused’s circumstances, the proposed release plan, potential sureties, and any conditions that may address the court’s concerns.

The appropriate approach depends on the particular case. The objective is to present a legally supported release plan and address the issues relevant to the bail decision.

Why Contact Lex Magnus Law?

Facing a firearms charge can create uncertainty about your rights, your freedom, and your future. Understanding the specific allegation and the legal issues involved is an important step toward making informed decisions.

Lex Magnus Law aims to provide clients with a careful assessment of their circumstances and a clear explanation of the applicable legal process.

Our approach emphasizes:

  • Individualized case assessment: Reviewing the specific allegations and circumstances.

  • Evidence-focused analysis: Examining the available police records, witness statements, and forensic material.

  • Constitutional considerations: Assessing potential issues relating to searches, seizures, and evidence collection.

  • Clear communication: Explaining the legal process and potential consequences.

  • Strategic preparation: Identifying appropriate legal options based on the facts and applicable law.

All descriptions of services and experience should accurately reflect the firm’s current practice.

Speak With Lex Magnus Law About a Firearms Charge

If you are facing a firearms or weapons charge in Toronto or elsewhere in Ontario, obtaining legal advice can help you understand the allegations, your obligations, and the potential options available to you.

Contact Lex Magnus Law to discuss your circumstances and learn about the legal assistance that may be available.

Every case is different. The appropriate defence strategy and potential outcome depend on the specific charge, the evidence, and the applicable law.