Written By: Ravi Prithipaul (Criminal Defence Lawyer)
There is a wide-range of offences related to firearms in the Firearms Act, S.C. 1995, c. 39, and both weapons and firearms in the Criminal Code, RSC 1985, c. C46. Broadly speaking, a weapon includes a firearm but can be anything that is used, designed, or intended to be used to cause death or injury to any person, or, it can be anything used for the purposes of threatening any person. A firearm is a barreled weapon from which a projectile can be discharged and is capable of causing serious bodily injury.
Criminal Code offences include possession of a weapon for a dangerous purpose; trafficking in weapons; careless storage, use or handling of a firearm; unauthorized possession of a firearm; possession of a restricted weapon with ammunition; carrying a concealed weapon; pointing a firearm, and many more. In addition, this area of the law is governed by a complex array of regulations. Many law-abiding people find it difficult to comply with the laws governing the legitimate possession, transportation, storage, and use of weapons and firearms.
Myth 1 – there are mandatory minimums for all firearm offences
Firearm offences are often considered very serious. The federal government has passed laws that create mandatory minimum sentences for certain, but not all, firearm offences. However, courts have struck down some of these mandatory minimums: eg. R. v. Nur, 2015 SCC 15.
In R. v. Vandyke, 2013 ABPC 347, the accused had no substantial criminal record, was a father, and had a small business owner employing several people. He was cleaning his lawfully-owned firearm and left it in the car. He went to a bar, realized that his handgun was still in his vehicle, and retrieved and brought it into the bar, thinking that was safer than leaving it in the vehicle. Mr. Vandyke showed the firearm to a friend in the bar. Shortly thereafter, the police arrived and arrested him. He was charged with and pleaded guilty to careless use of a firearm, carrying a concealed weapon and possession of a prohibited or restricted firearm with ammunition.
While he plead guilty, he filed a Notice of Constitutional Application for a declaration that the mandatory minimum sentence be struck down. The court granted Vandyke’s application as in the court’s view “Mr. Vandyke had no criminal intent in taking the firearm into the bar. He made a foolish decision, which was by his own admission, not in keeping with his education and training in connection with handling of firearms.”
Myth 2 – there cannot be more than one charge per firearm
The possession or unsafe use of a firearm may be a single criminal act, but it does not necessarily follow that the police will lay only one charge. Sometimes, the police will lay multiple charges for each weapon, despite the fact that this practice can be highly prejudicial to the defence.
In R. v. Cox, 2013 ABCA 394, the accused and his son were alleged to have committed an armed robbery. The accused was charged with 44 offences related to the crime. The Alberta Court of Appeal warned about a general trend of overcharging by Crown prosecutors, noting: “As in our experience this is not an isolated case, we wish to take this opportunity to caution against the practice over-charging in this way. We recognize that determining the appropriate charge is a matter of prosecutorial discretion, but we can see no proper benefit in charging in this manner and there are many problems associated with the practice”.
What penalties may result for firearms offences?
Just as there is a wide range of offences related to weapons and firearms, so too is there a wide range of penalties from a discharge to imprisonment. Many of these offences are hybrid offences, which means the Crown can choose to proceed by way of summary conviction or indictment. If the Crown elects to proceed by summary conviction, the maximum penalty is usually six (6) months in prison and/or a fine. If the Crown elects to proceed by indictment, maximum penalties can be much higher up to imprisonment for life.
Firearms and weapons licensing
Usually, it is the Chief Firearms Officer or Registrar (depending on
the province) who decides whether to grant an application for a firearms
license or permit. If you are denied an application to receive a
license or to transport a firearm, you may be able to appeal to a judge
to review the decision to ensure that the decision was reasonable.
Contact Ravi Prithipaul, Q.C. if you are charged with a weapons or
firearms offence, or if you require assistance in obtaining proper
firearms licensing or permits.