QUICK TAKEAWAY
Weapons Trafficking: The Code defines weapons trafficking as the illegal production or transfer of firearms in or out of Canada [or] within the country. Anyone involved in any stage of production or transfer can be charged. It does not matter if the item being trafficked is a non-restricted firearm, prohibited weapon, restricted weapon, or prohibited device or ammunition. The charge of weapons trafficking and two related offences carry 10-year maximum sentences, with less severe sentences available for one related charge.
Table of Contents:
What is Weapons Trafficking?
You can be charged with under s. 99 (1) of the Criminal Code with weapons trafficking if you manufacture or transfer firearms to another person while knowing that transaction is not authorized under the Firearms Act or any other act of Parliament. The weapons involved can be non-restricted firearms, prohibited weapons, restricted weapons or prohibited devices or any ammunition. There are also related weapon trafficking offences in the Code.
Possession for the purpose of weapon trafficking
If you are in possession of any firearm that is being illegally transferred to someone else you can be charged with possession for purpose of weapons trafficking under s.100 (1) of the Code.
Importing or exporting knowing it is unauthorized
If you are involved in illegally importing or exporting a firearm you can be charged with this crime under s.103 (1) of the Code.
Unauthorized importing or exporting
If you or your company are involved in the importation or exportation of firearms but are not authorized to do so under the authority of the Firearms Act or any other regulatory body, you can be charged under s.104 (1) of the Code.
What is Needed to Convict?
With any of these charges the Crown attorney needs to prove beyond a reasonable doubtThe standard that must be exceeded to find someone guilty that you intentionally played some part in illegally manufacturing weapons or transferring them to another person or organization. You can also be charged if you were involved in the production or transfer of any component of an illegal weapon.
Treated as an Indictable Offence
The charges of weapons trafficking, possession for purpose of weapons trafficking and importing or exporting knowing it is unauthorized are treated as an indictable offenceIndictable offences are more-serious criminal offences. Only the charge of unauthorized importing or exporting is a hybrid offenceAn offence prosecuted either as a summary conviction or as an indictable offence, meaning the Crown can elect to treat it either as an indictable offence or a summary convictionUsed for lesser offences.
Penalty for weapons trafficking
If you are convicted of weapons trafficking you face a prison term up to 10 years. The same maximum sentence applies to the charges of possession for purpose of weapons trafficking and importing or exporting knowing it is unauthorized. If the charge of unauthorized importing or exporting is treated as an indictable offence the maximum penalty is a five-year prison sentence, with less severe penalties given if the charge is treated as a summary conviction.
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Lamb & O’Brien
Murray Fakih Criminal Defence Professional Corporation
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Glossary of Legal Terms
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.
Reasonable doubt
The Supreme Court of Canada has said that reasonable doubt “falls much closer to absolute certainty than to proof on a balance of probabilities” and “that something less than absolute certainty is required, and that something more than probable guilt is required."
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.
