Toronto Criminal Lawyer

Weapons offences are among the most seriously prosecuted crimes in Ontario. Canada's approach to firearms and weapons regulation is significantly more restrictive than many other countries, and the Criminal Code contains an extensive set of provisions governing the possession, use, storage, transportation, and trafficking of firearms and other weapons. Several of these offences carry mandatory minimum sentences that require a term of imprisonment upon conviction.

This guide explains the key weapons offences under Canadian law, the firearms classification system, the licensing requirements, and the potential consequences of a weapons charge in Toronto.

Firearm Classifications

Understanding Canadian weapons law begins with the classification system. The Criminal Code and the Firearms Act divide firearms into three categories, each subject to different rules:

Non-restricted firearms include most ordinary rifles and shotguns that are commonly used for hunting. These firearms must be registered, and the owner must hold a valid Possession and Acquisition Licence (PAL).

Restricted firearms include handguns (with some exceptions), certain semi-automatic rifles, and firearms that have been prescribed as restricted by regulation. Restricted firearms must be registered, and the owner must hold a PAL with restricted conditions. There are strict rules about where restricted firearms may be transported and used.

Prohibited firearms include fully automatic weapons, converted automatic weapons, handguns with a barrel length of 105 mm or less, firearms that have been adapted from a rifle or shotgun to less than a specified overall length, and other firearms specifically listed in the regulations. Possession of prohibited firearms is limited to individuals who were grandfathered under prior legislation.

Common Weapons Offences

The weapons offences in the Criminal Code are found primarily in Part III (ss.84-117). The most commonly prosecuted offences include:

Unauthorized possession of a firearm (s.91-92). Possessing a firearm without a valid licence or registration is a criminal offence. Under s.91, unauthorized possession of a non-restricted firearm is a hybrid offence with a maximum of five years on indictment. Under s.92, unauthorized possession of a restricted or prohibited firearm is a hybrid offence with a maximum of ten years on indictment.

Possession of a loaded prohibited or restricted firearm (s.95). This offence applies when a person possesses a prohibited or restricted firearm that is loaded, or is in close proximity to readily accessible ammunition. This is one of the most common serious firearms charges in Toronto and carries a mandatory minimum of three years for a first offence (five years for subsequent offences) when prosecuted by indictment, with a maximum of ten years.

Carrying a concealed weapon (s.90). Carrying a weapon, prohibited device, or prohibited ammunition concealed on one's person is a hybrid offence with a maximum of five years on indictment.

Weapons trafficking (s.99-100). Trafficking in firearms is an extremely serious offence. Trafficking a non-restricted firearm carries a maximum of ten years, while trafficking a prohibited or restricted firearm carries a mandatory minimum of three years (five years for subsequent offences) and a maximum of fourteen years.

Pointing a firearm (s.87). Intentionally pointing a firearm at another person, whether or not the firearm is loaded, is an indictable offence carrying a maximum of five years imprisonment.

Possession for a dangerous purpose (s.88). Carrying or possessing a weapon for a purpose dangerous to the public peace is a hybrid offence. This provision applies broadly to any weapon, including knives, and is frequently charged in cases involving edged weapons.

Mandatory Minimum Sentences

Several firearms offences carry mandatory minimum sentences, which means the court must impose at least the minimum period of imprisonment upon conviction. The key mandatory minimums include:

• s.95 (loaded restricted/prohibited firearm): Three years (first offence), five years (subsequent), on indictment
• s.99 (trafficking restricted/prohibited): Three years (first offence), five years (subsequent)
• s.100 (possession for trafficking): Three years (first offence), five years (subsequent)
• Various offences committed with a firearm: Four to seven years minimum depending on the nature of the underlying offence and the type of firearm

It is important to note that the constitutionality of some mandatory minimum sentences has been challenged in Canadian courts. The Supreme Court of Canada and various provincial courts of appeal have struck down certain mandatory minimums as unconstitutional under s.12 of the Charter (cruel and unusual punishment). Defence counsel should always consider whether a mandatory minimum applies and whether it has survived constitutional challenge.

Licensing: PAL and RPAL

The Firearms Act establishes a licensing system administered by the Canadian Firearms Program. Any person who possesses a firearm in Canada must hold a valid Possession and Acquisition Licence (PAL).

The PAL application process involves:

• Completing the Canadian Firearms Safety Course (CFSC) for non-restricted firearms, and the Canadian Restricted Firearms Safety Course (CRFSC) for restricted firearms
• Passing the associated examinations
• Submitting an application with personal references, consent to background checks, and disclosure of any history of mental health issues, restraining orders, or criminal charges
• A mandatory 28-day waiting period for first-time applicants

A PAL is valid for five years and must be renewed. Failure to renew a PAL while continuing to possess firearms is a criminal offence. The Chief Firearms Officer can also revoke a PAL at any time if the holder becomes ineligible, such as upon being charged with certain offences or becoming subject to a protection order.

If you are facing weapons charges, understanding the arrest and court process is an important first step.

Prohibited Weapons Beyond Firearms

The Criminal Code defines "weapon" broadly. Weapons charges are not limited to firearms. The Regulations Prescribing Certain Firearms and Other Weapons as Prohibited list a number of items that are prohibited weapons in Canada, including:

• Switchblade knives (automatic knives)
• Butterfly knives (balisong)
• Push daggers
• Brass knuckles
• Nunchucks
• Tasers and stun guns (except those authorized for law enforcement)
• Pepper spray and mace (except those sold as bear spray for use against animals)

Possession of any prohibited weapon is a criminal offence under s.91 of the Criminal Code. Many people are unaware that common items such as certain types of knives are classified as prohibited weapons in Canada.

Defences to Weapons Charges

Weapons cases often involve significant constitutional issues, particularly regarding the circumstances of the search that led to the discovery of the weapon. Common defences include:

Unreasonable search and seizure (s.8 Charter). Many weapons are discovered during searches of vehicles, residences, or persons. If the search was conducted without a warrant and does not fall within a recognized exception, or if the warrant was improperly obtained, the evidence may be excluded under s.24(2) of the Charter. This is one of the most frequently litigated issues in weapons cases.

Lack of knowledge. The Crown must prove that the accused knew the weapon was present. If the weapon was found in a shared vehicle or residence, the Crown must establish that the accused had knowledge of and control over the weapon.

Lawful authorization. If the accused held a valid licence and registration for the firearm and complied with storage and transportation requirements, this may provide a complete defence to unauthorized possession charges.

Arbitrary detention (s.9 Charter). If the accused was stopped or detained without lawful authority, any evidence discovered as a result may be subject to exclusion.

For more information about your rights during police encounters, see our guides on the right to remain silent and police vehicle searches.

Bail for Weapons Offences

Obtaining bail on weapons charges can be particularly challenging. Several firearms offences trigger a reverse onus on bail, meaning the accused must show cause why their detention is not justified, rather than the Crown showing why detention is necessary.

Under s.515(6)(a) of the Criminal Code, a reverse onus applies to offences involving firearms, including:

• Offences under s.95 (loaded restricted/prohibited firearm)
• Offences involving firearms trafficking
• Certain other serious firearms offences

Even where a reverse onus does not apply, the Crown frequently opposes bail in weapons cases, particularly where the weapon is alleged to have been used in the commission of another offence or where the accused has a prior record for violence or weapons offences.

Speak with a Criminal Lawyer. Weapons charges in Toronto carry some of the most severe penalties in the Criminal Code, including mandatory minimum sentences of imprisonment. The legal and constitutional issues in these cases are complex and require experienced legal representation. If you are facing weapons charges, contact a criminal lawyer immediately to discuss your case in a confidential consultation.