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Delve into detailed case studies across a variety of legal practice areas, showcasing our strategic defense and successful outcomes.
Delve into detailed case studies across a variety of legal practice areas, showcasing our strategic defense and successful outcomes.
Weapon offences are on the severe spectrum of crimes in Canada, and they carry some of the most devastating and long-term penalties. Firearm and gun charges are extensive, ranging from standalone charges, such as possession of an unlicensed gun, to offences connected to other crimes, such as robbery with a weapon. Whatever weapon offence you may be facing, a conviction can have a tremendous impact on your life, including your freedom and future prospects.
The Criminal Code of Canada defines a weapon as anything used, designed to be used, or intended to be used to cause death or injury to another person, or for the purpose of threatening or intimidating another individual. This means that anything can be considered a weapon as long as it fits the definition provided by the Criminal Code.
Guns and firearms are among the most dangerous weapons, and charges involving them carry some of the most serious consequences, including mandatory minimum sentences. In this article, we’ll take a look at several firearm and gun offences, their penalties, and possible defence strategies.
If you or someone you know is under investigation or has been charged with gun, firearm, or other weapon offences, get in touch with our Toronto criminal defence lawyer. Kahlon Law has the experience and knowledge in weapon offences, making it the ideal firm to help you attain the best possible outcome in your case.
Seeking guidance through legal challenges? Let us navigate the complexities together and find solutions tailored to your needs.
According to Section 2 of the Criminal Code of Canada, a firearm is defined as a barreled weapon from which any shot, bullet, or other projectile can be discharged, and that is capable of causing serious bodily harm or death to a person. It also includes any frame or receiver of such a barreled weapon, as well as anything that can be adapted for use as a firearm.
As per this definition, firearms include not only fully functioning handguns, shotguns, assault rifles, and hunting rifles, but also air pistols, unregulated BB guns, and anything capable of firing a projectile that can cause harm or death. An incomplete firearm, such as a receiver blank or “80% pistol kit,” can also be regarded as a firearm under the adaptability clause of the definition.
Using, pointing, carelessly storing, and, in most cases, possessing a firearm are serious criminal offences. Unlike many other offences, a person who is found guilty can be subject to lengthy penalties, including, in certain circumstances, a mandatory minimum term of imprisonment.
The charge may come under different names, such as using a firearm in the commission of an offence, using an imitation firearm in the commission of an offence, careless use of a firearm, pointing a firearm, possession of a weapon for a dangerous purpose, carrying a concealed weapon, unauthorized possession of a firearm, etc.
Section 85 of the Criminal Code criminalizes the use of a firearm to commit an indictable offence. If an individual uses a firearm while committing or attempting to commit certain indictable offences, they are liable to at least one year of imprisonment, up to a maximum of fourteen years. This rule also applies when the accused has used an imitation firearm for the above-mentioned purposes. Moreover, if the accused commits this offence again, he will face a minimum of three years of imprisonment. Although the courts have deemed a number of mandatory minimum sentences to be unconstitutional, the courts continue to uphold the constitutionality of the mandatory minimums associated with this particular offence.
Similarly, as per Section 86 of the Code, if a person uses, carries, handles, ships, transports, or stores a firearm, a prohibited weapon, a restricted weapon, a prohibited device, or any ammunition or prohibited ammunition in a careless manner without any lawful excuse, they will be liable to punishment either by summary conviction or by indictment. As it is a hybrid offence, the Crown will determine whether they wish to proceed summarily or by indictment. The Crown will take the severity of the offence, along with other circumstances related to the case and the accused, into consideration when making the determination. Should the Crown proceed by indictment, the maximum penalty one receives is an imprisonment term of up to two years. Any subsequent offence would result in an increase in the maximum penalty up to five years.
Moreover, pointing a firearm towards someone without lawful excuse is also a crime. Section 87 governs the offence, and an accused can receive an imprisonment term of up to five years for doing so. In some cases, the accused can be convicted in a summary manner rather than by indictment.
Furthermore, carrying or possessing a weapon, an imitation of a weapon, a prohibited device, or any ammunition or prohibited ammunition for a purpose dangerous to the public peace or for the purpose of committing an offence is punishable under Section 88 with up to ten years in jail in the case of indictment, or in certain cases, with a summary conviction.
Also, you cannot carry a concealed weapon unless you are authorized under the Firearms Act to carry it concealed. Otherwise, you may be charged with committing the offence under Section 90, which can result in a finding of guilt for an indictable offence, and you may be sentenced to up to five years in jail, or you may be tried and convicted summarily.
There can be a number of legal defences that may be available in your case. The Charter of Rights and Freedoms might provide a defence for individuals whose rights were violated during the investigation, arrest, or search of their property. As a result of a Charter violation, the court may exclude evidence of the weapon at trial.
It is the Crown’s onus to prove possession beyond a reasonable doubt. Possession-related offences require knowledge and control. A firearm found in a car or a house doesn’t mean that the Crown can prove possession beyond a reasonable doubt. In many instances, these locations are frequented by more than one person.
Firearm-related charges are very serious and require lawyers with specialized knowledge. At Kahlon Law, the firm will examine all aspects of the offence and choose from an array of strategies to raise reasonable doubt and prove your innocence.
If you face indictment, you will have the liberty to choose your mode of trial. You can be tried by a judge alone or by a judge and jury. A criminal defence lawyer will help you choose the best course of action.
If the police arrest you for any offence, you still retain all your legal and constitutional rights, which include the right to consult a lawyer, the right to obtain bail, and more. The police must allow you to speak to your lawyer before taking your statement. In such a scenario, it is advised that a good criminal defence lawyer be contacted so that you, being a layperson in terms of legal issues, do not make a grave mistake.
The next step after arrest is to obtain bail. The Crown almost always opposes bail in cases involving firearms. Obtaining bail in firearms cases is also much more difficult than in the past. Despite this, Kahlon Law has had great success in obtaining bail for clients charged with firearm-related offences.
At a bail hearing, the lawyer will argue before the judge or a justice of the peace as to why their client is legally entitled to be released. If you are in Ontario and ever find yourself in a situation where you are or might be arrested, give us a call at (844) 978-8444 and rest assured that there will be a licensed professional looking out for your freedom and well-being.
Possession of a firearm without a licence, or without an authorization and registration certificate for prohibited or restricted firearms, carries serious sentences depending on the circumstances of the offence. The prosecution can choose to proceed with any firearm possession charge either as an indictable offence or as an offence punishable on summary conviction. Indictable firearm possession charges carry varying jail sentences, including:
Offences punishable by summary conviction also carry jail time, ranging from six months to two years, depending on the possession charge. If you or your loved one are facing possession of firearm charges, enlist the services of an experienced firearm offence lawyer in Toronto. Kahlon Law will help you avert or alleviate the charge’s severe sentences.
As per Section 99 of the Criminal Code, every person commits a weapons trafficking offence if they
If you’re charged with weapons trafficking, contact Kahlon Law immediately. The firm will utilize available defences to protect you and achieve a suitable outcome.
Anyone charged with trafficking firearms, whether manufacturing, transferring, or offering to do either, is guilty of an indictable offence and can face a jail sentence of up to 10 years. Some trafficking offences also carry mandatory minimum sentences of 3 years for the first offence and 5 years for a second or subsequent offence. Gun laws are undergoing many changes, especially regarding the repealing of mandatory minimum sentences. This is why it’s crucial to have an experienced and knowledgeable lawyer by your side, as they will use these developments to your benefit.
Weapons dangerous” refers to carrying or possessing a weapon for a dangerous purpose. Section 88 of the Criminal Code defines this offence as follows:
Every person commits an offence who carries or possesses a weapon, an imitation of a weapon, a prohibited device, or any ammunition or prohibited ammunition for a purpose dangerous to the public peace or for the purpose of committing an offence.
A purpose dangerous to the public peace is any action that disturbs the status quo of society or any harmful behaviour towards the people. If you’re charged with possession of a weapon for a dangerous purpose, enlist Kahlon Law for exceptional legal representation.
Possession of weapons for a dangerous purpose is a hybrid offence. This means that Crown Attorneys can prosecute it as either an indictable offence or an offence punishable by summary conviction. If they proceed by indictment, one can face a jail sentence of up to 10 years.
This means carrying a weapon while concealing it on your body or in your belongings.
As per Section 90 of the Criminal Code:
If you’re arrested for carrying a concealed weapon, the Crown Attorney’s Office holds the cards on how to proceed with the prosecution, i.e., through indictment or summary conviction. Several factors determine how they proceed, such as why you were carrying a concealed weapon and your prior convictions, if any. As an indictable offence, carrying a concealed weapon carries a sentence of up to 10 years in prison. There are also mandatory minimum sentences for some charges involving a concealed weapon. With such severe penalties, it’s essential to have a highly experienced lawyer when facing such or related weapon offences. Contact Kahlon Law for expert legal advice.
Having a prior conviction may act as an aggravating factor during sentencing. Aggravating factors are elements that may increase the severity of a case. Having a prior conviction may lead to a more severe sentence, especially for the same criminal charges, as it shows less chance for rehabilitation and a higher risk to the public. A previous conviction will make you ineligible for first-time offender mitigation. If you’re facing a criminal offence and have a prior conviction, it’s advisable to have an experienced lawyer handling the allegations you’re facing
Within the police service, special units are created to investigate specific cases. One of these special units is the Guns and Gangs Unit, which investigates major crimes, particularly organized crimes such as gun and drug trafficking gangs and syndicates. Their investigations are often large, long-term, and extensive, and they may entail surveillance and undercover work. These cases are sometimes referred to as Project Cases, and they involve serious charges, including conspiracy, attempted murder, and violent offence allegations. Such cases carry severe long-term penalties. If you’re charged with such a case, contact Kahlon Law. The firm has experience in complex and major crimes, along with the required knowledge and advocacy skills to litigate your case.
The Charter of Rights and Freedoms in Canada provides and guarantees rights and freedoms to its people. These rights must be adhered to by the police as they conduct investigations, arrests, and when charging you with a crime. Some of the Charter rights include:
These are a few of the Charter rights that everyone is entitled to. To learn more about the rights and freedoms protected by the Charter, click here.
Yes, the Charter of Rights and Freedoms is one of the best defence strategies a lawyer can use. The Charter guarantees certain rights to the accused, which must be adhered to by the police during the investigation of the circumstances that led to the arrest, including the collection of evidence and obtaining warrants. At Kahlon Law, the firm thoroughly reviews all disclosure documents to check if any rights were breached. If they were, we can challenge the charges and work towards having any evidence and statements obtained illegally excluded, which can significantly weaken the case against you.
If you meet the eligibility requirements for legal aid, you can get assistance from Legal Aid Ontario. One of the main qualifying factors is financial disadvantage. Depending on the type of legal assistance you require, your financial status, and other factors, LAO may cover some or all of your legal costs. To learn more about Legal Aid Ontario and to check whether you qualify, click here.
Seeking guidance through legal challenges? Let us navigate the complexities together and find solutions tailored to your needs.
Don’t leave your defence to chance! Contact a Criminal Lawyer Mississauga today.