Possession of a Weapon for a Dangerous Purpose

Section 2 of the Criminal Code defines a weapon as “anything used, designed to be used or intended for use in causing death or injury to any person” or “for the purpose of threatening or intimidating any person.” Weapons include, therefore, obvious things such as firearms and knives. Depending on the context in which they are possessed, “weapons” might also include such things as a rock, a baseball bat, or even a potted plant or a pencil.

Under s. 88 of the Code, it is unlawful to carry or possess a weapon (or imitation) for a purpose that is dangerous to the public peace or for the purpose of committing an offence. The crucial element of this offence is the purpose for which the accused person has the weapon. The Crown must prove that the accused’s purpose for possessing the weapon was, in fact, for a dangerous purpose. The court must examine all of the surrounding circumstances in order to infer whether or not the accused possessed the weapon for a purpose that is dangerous to the public peace.

Everyone who commits the offence possession of a weapon for a dangerous purpose is guilty of an indictable offence with a maximum sentence of 10 years in jail, or a summary offence with a maximum sentence of 6 months in jail.

Actual use of a weapon is not an essential element of this offence. Rather, the Crown need only prove that the weapon was possessed for the purpose of endangering the public. The purpose for which the accused had the weapon must, therefore, be determined by police. The investigating officer will certainly take statements from the complainant(s) and any witnesses. Police will also very likely seek to obtain an explanation from their suspect. They will seek to verify the complaint by getting the suspect to admit they possessed the item alleged to be a “weapon” and they will seek to get the suspect to admit that their purpose was to endanger someone. This is where we as experienced criminal defence lawyers, can help by providing advice to our clients regarding their rights under the Charter, including their right to remain silent.

Section 8 of the Charter guarantees that people must be free from unreasonable search and seizure. The role of defence counsel in any search case is to analyze the actions of the investigating police officers to test whether their search was, in fact, lawful and authorized by the Charter. In some situations, police must obtain pre-authorization from a justice or judge in the form of a search warrant. Where police overreach their authority, and conduct a search based on mere suspicion, rather than probable grounds, we will apply to the court under s.24(2) of the Charter to have the “fruits of the search” excluded from the trial. Without the admission of the weapon into the trial, the court will likely find insufficient evidence to convict.

In many situations, people are arrested on weapons charges with the weapon not directly in their possession. For example, a knife might be in the glovebox or trunk of the car. It might be that the accused is not driving their own car but, rather, the car of a friend or relative. In these situations, absent any incriminating confession, it may be possible to argue that the accused had no knowledge of the weapon or that they had no control over it. As experienced defence lawyers, we understand the high standard that the law requires when prosecuting weapons offences. We are dedicated to protecting our client’s rights.