QUICK TAKEAWAY
Carrying Concealed Weapon: With few exceptions, civilians are not allowed to carry concealed weapons in Canada. Violators face five years in prison upon conviction unless their lawyer can find problems in the Crown’s case. That could include that your right not to be subject to an unreasonable search was violated by the police in their investigation. The Crown has to prove that you know the object was a weapon and that you took steps to hide it.
Table of Contents:
Carrying a Concealed Weapon in Canada
The Criminal Code prohibits anyone carrying and concealing a weapon unless it for a lawful occupational purpose as authorized by the Firearms Act. You could face a charge of carrying a concealed weapon, even if you did not brandish or threaten to use it.
Bringing a Weapon to a Public Meeting
Carrying a weapon while attending public meeting is a separate but similar charge found at s.89 of the Code. It forbids anyone "without lawful excuse" to carry a weapon or a prohibited device at a public meeting. The definition of public meeting is broad, as people have faced this charge after bringing firearms into schools and other public areas. The Crown also does not have to prove that you intended to use the weapon in a dangerous way, or that you even intended to use the weapon at all. Just that fact it was in your possession is enough.
Who Can Carry a Concealed Weapon?
Civilians are generally not authorized to carry concealed weapons in Canada, though the Act allows concealed carry in limited circumstances.
Section 117.07 (1) of the Code exempts on-duty police officers, members of the Canadian Forces, peace officers and those in training to become police or peace officers from the restrictions on carrying handguns, though those weapons are usually visible, with the exception of undercover officers.
Part 1 of the introduction to (Authorizations to Carry Restricted Firearms and Certain Handguns Regulations) lists the circumstance in which civilians are allowed to have a restricted or prohibited handgun. The first is protection of your life or others around you. The other exceptions are if police protection "is not sufficient in the circumstances" and if the possession of the weapon can reasonably be justified for protecting against death or grievous bodily harm.
The Act lists these reasons why authorization to possess a restricted or prohibited firearm could be granted:
- you work as a security guard who transports cash or other goods of substantial value;
- you work or live in a remote wilderness area and need a firearm to protect against wild animals; or
- you make your living as a trapper and are licensed to do that work.
Part 2 of the Act's introduction says these certificates will only be issued if you have completed training in firearms proficiency and the "firearm is appropriate in those circumstances."
What is Needed to Convict
To prove that you were carrying a concealed weaponA hidden weapon, the Crown has to show that you possessed an item that could be considered a weapon. They also have to prove that you knew that is prohibited and that you concealed it. In order to prove concealment, it would have to be established that the accused took steps to hide the weapon so that it would not be observed by others.
Penalties for Carrying a Concealed Weapon
This charge is a hybrid offenceAn offence prosecuted either as a summary conviction or as an indictable offence, meaning that the Crown prosecutorLawyers who prosecutes charges on behalf of the Crown has the discretion to treat it as a summary convictionUsed for lesser offences or indictable offenceIndictable offences are more-serious criminal offences. If it is handled as an indictable offence, the maximum penalty is five years in prison. If no one was hurt and if this is your first offence, the Crown may decide to treat the charge as a summary conviction, with penalties ranging from fines to shorter jail terms.
Defending Against a Charge of Carrying a Concealed Weapon
The legality of the search and the circumstances surrounding the discovery of the weapon may be the main focus of your defence from this charge. You are protected from unwanted searches by the Canadian Charter of Rights. If the police did not have reasonable grounds to conduct a search, your lawyer could file a Charter application to have any evidence excluded.
To find you guilty of carrying a concealed weapon, the Crown must prove that you were carrying the weapon and that you concealed it. Both the definitions of “weapon” and “carry” can be interpreted broadly, which may open up avenues for defence.
Insights from a
Defence Lawyer
CCH VERIFIEDCéline Dostaler
Insights from Ottawa Lawyer, Céline Dostaler
Strategies To Defend Carrying a Concealed Weapon
Several factors may serve as defences against the charges of concealing a weapon.
- Having a weapon in one's home, such as a firearm or knife, is not automatically considered dangerous to the public. The court must carefully examine the circumstances before reaching a conclusion.
- If the accused was too intoxicated to have the 'intention' of committing a crime or disrupting the peace, they might not be found guilty. The Crown must prove that the accused intended to use the weapon for illegal activities.
- The possession of a weapon for self-defence is a complex issue. The outcome depends on the specific circumstances of the case. Some courts may penalize the accused for possessing the concealed weapon, while others may not.
- Storing a firearm in accordance with the Firearms Act is not considered concealing.
- The Canadian Charter of Rights protects individuals from unreasonable searches, so if the police did not have a valid reason to conduct a search, a Charter application could be made to exclude the evidence.
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Glossary of Legal Terms
Concealed weapon
A concealed weapon is any object that can be used to cause harm to others that is hidden from view.
Crown prosecutor
Lawyers who act for the federal, provincial and territorial governments and prosecute people accused of crimes on behalf of the Crown.
Hybrid offence
Hybrid offences fall between a summary and an indictable offence. The Crown prosecutor chooses whether to treat the offence as a summary or indictable offence.
Indictable offence
Indictable offences are the most serious offences under the Criminal Code and they come with more serious punishments, up to a maximum penalty of life in prison.
Summary conviction
Summary convictions are used for lesser offences with penalties, fines and short jail time. They reflect the majority of offences as defined in the Code.
