Weapons and Firearms Charges Lawyer in Brampton, ON

Part III of the Criminal Code covers firearms and other weapons. A handful of sections account for most charges laid in Peel Region.

Section 85(4) is worth singling out. A sentence for using a firearm in the commission of an offence must be served consecutively to any other sentence arising from the same events, so it is added to rather than absorbed by the sentence on the underlying charge.

Yes. In 2022 Parliament repealed the mandatory minimum sentences attached to several firearms offences, including sections 85, 92 and 95, and the firearm minimum for robbery under section 344(1)(a.1). Those provisions now appear in the Code as repealed.

The practical effect is that a judge sentencing on section 95 — possession of a loaded prohibited or restricted firearm — is no longer bound by a three-year floor, and the offence can now proceed summarily. A great deal of published material still states the old minimums.

This does not make these charges minor. The maximums are unchanged, firearms offences attract serious sentences in the Toronto area, and minimums remain in place elsewhere in the Code, including for offences committed in connection with a criminal organization. What changed is that the court once again has room to consider the individual.

For possession offences the Crown must prove possession, which means knowledge and control — not merely that a weapon was found nearby. Where several people had access to a vehicle or a residence, proving which of them had control is often the live issue.

Sections 91 and 92 look similar but differ in one important way. Section 91 is unauthorized possession; section 92 requires proof that the accused knew the possession was unauthorized, which is a higher bar and carries a higher maximum.

Section 88 requires a purpose dangerous to the public peace or the purpose of committing an offence. An ordinary object becomes a weapon under this section because of the purpose it was carried for, so the Crown must prove that purpose rather than simply the possession.

Where a search is found to breach section 8, the remedy sought is exclusion of the firearm under section 24(2). In a possession prosecution that is ordinarily determinative.

A weapons prohibition order is a common consequence of a conviction, and in many cases it is mandatory. Section 109 sets out prohibitions the court must impose for defined offences, and section 110 covers those it may impose in other cases.

A prohibition order is separate from the licensing decisions of the Chief Firearms Officer, who may revoke a licence independently of the criminal outcome. If you hold a licence, raise that early — it affects how a case should be resolved, not just what happens after.