Weapons Laws (Youth)

Under the Criminal Code, a weapon means 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. The law also includes firearms within this definition.

The Code also designates certain items as prohibited weapons or prohibited devices under separate provisions. The gravity knife (a knife whose blade opens automatically by gravity, centrifugal force, or by pressing a button, spring, or other device on the handle) is defined as a prohibited weapon directly in s. 84(1) of the Criminal Code. Additional items are designated as prohibited weapons or prohibited devices by federal regulation (the Regulations Prescribing Certain Firearms and Other Weapons, Components and Parts of Weapons, Accessories, Cartridge Magazines, Ammunition and Projectiles as Prohibited or Restricted, SOR/98-462). These include, among others:

• a crossbow or similar device that is designed or altered to be aimed and fired by the action of one hand (the prohibition applies even if the device is later altered to be used with both hands), or that has a length of 500 mm or less (SOR/98-462, Schedule, Part 3, item 7);
• any device designed to injure, immobilize, or otherwise incapacitate a person by discharging tear gas, Mace, or any other gas, liquid, spray, powder, or similar substance (SOR/98-462, Schedule, Part 3, item 1);
• any electrical or mechanical device designed or adapted to operate the trigger mechanism of a semi-automatic firearm for the purpose of causing the firearm to discharge cartridges in rapid succession. This item is designated a prohibited device rather than a prohibited weapon (SOR/98-462, Schedule, Part 4, item 1);
• brass knuckles and any similar device consisting of a band of metal with one or more finger holes designed to fit over the fingers of the hand (SOR/98-462, Schedule, Part 3, item 15); or
• any device commonly known as a "Kiyoga Baton" or "Steel Cobra," consisting of a manually triggered telescoping spring-loaded steel whip terminating in a heavy-calibre striking tip, and any similar device (SOR/98-462, Schedule, Part 3, item 13).

For offences involving weapons against persons, including carrying a weapon for a dangerous purpose (s. 88), assault with a weapon (s. 267), and sexual assault with a weapon (s. 272), the law also treats anything used, or intended to be used, to bind or tie up a person against their will as a weapon. This is worth knowing, as it extends the legal definition well beyond items that cause physical injury.

Aside from firearms offences, weapons charges include (adult sentences are noted):

Carrying a weapon while attending a public meeting

Carrying a weapon, prohibited device, ammunition, or prohibited ammunition, without lawful excuse, while attending or travelling to a public meeting is an offence under ss. 89(1)–(2). Section 89 sets no separate maximum beyond making the offence punishable by summary conviction, so the general penalty in s. 787(1) applies: a fine up to $5,000, imprisonment for two years less a day, or both. A young person’s sentence is governed by the Youth Criminal Justice Act, not automatically by the adult sentencing range.

Carrying a concealed weapon

Section 90 If you conceal a weapon, a prohibited device or any prohibited ammunition without being authorized to do so under the Firearms Act, you could face a prison term of up to five years (if treated as the more serious indictable offence) or a lesser sentence (if treated as the less serious summary conviction offence).

Possession of a weapon for a dangerous purpose

Section 88 If you carry or possess a weapon, an imitation weapon, a prohibited device or any ammunition for a purpose dangerous to the public peace, or for the purpose of committing an offence, you could face up to 10 years in prison (if the Crown proceeds by indictment) or a lesser sentence (if treated as a summary conviction offence). The offence can be prosecuted either way.

Unauthorized possession of a prohibited weapon or restricted weapon

Section 91 If you are in possessionHaving knowledge and control of something — not only physically holding it, but also an item kept somewhere else that you know about and control. of a prohibited weapon, a restricted weapon, a prohibited device (other than a replica firearm) or any prohibited ammunition without holding the proper licence, you face a maximum of five years in prison (indictable) or a lesser term (summary conviction).

Possession contrary to an order

Section 117.01 (1) If you possess a firearm, crossbow, prohibited weapon, restricted weapon, prohibited device, any ammunition, any prohibited ammunition or an explosive substance while you are prohibited from doing so by a court order, you face a maximum of 10 years in prison (indictable) or a lesser term (summary conviction).

Assault with a weapon

Section 267 If you carry, use or threaten to use a weapon or an imitation while assaulting someone, you could face a prison term of up to 10 years (indictable) or a lesser sentence (summary conviction).

Sexual assault with a weapon

Section 272 If you commit a sexual assault while carrying a real or imitation weapon, you could be convicted of an indictable offenceA more serious type of Canadian criminal offence. and face a maximum of 14 years in prison in most cases. In cases involving a firearm, mandatory minimum sentences generally apply even in the base case. If the complainant is under 16 years of age, the maximum sentence increases to life imprisonment (with a mandatory minimum of five years).

Possession of a weapon for the purpose of trafficking

Section 100 (1) If you possess a prohibited weapon, restricted weapon, prohibited device, any ammunition or any prohibited ammunition for the purpose of traffickingInfluencing the movements of a person in order to exploit them, you can be imprisoned for up to 14 years. Where the items include a firearm, prohibited device or ammunition, there is also a mandatory minimum sentence of three years for a first offence and five years for a repeat offence. This is an indictable offence only.

Possession of a weapon obtained by commission of an offence

Section 96 (1) If you possess a firearm, prohibited weapon, restricted weapon, prohibited device or any prohibited ammunition knowing it was obtained through the commission of a crime, you can be imprisoned for up to 14 years (indictable) or face a lesser sentence (summary conviction).

If you are charged with a weapons offence as a young personA person dealt with under the youth criminal justice system., your case is heard under the Youth Criminal Justice Act (YCJA), a separate federal law that creates a dedicated court system and sentencing rules for people under 18, with different (generally less severe) consequences than the adult criminal system.

How the Crown proceeds depends on the specific charge. Many weapons offences are hybrid offences, meaning the Crown can choose the more serious indictable path or the less serious summary convictionUsed for lesser offences path. In making that choice, the Crown generally considers factors such as the seriousness of the incident and your prior record. Examples of hybrid weapons charges include unauthorized possession of a firearm (s.91), carrying a concealed weapon (s.90), possession of a weapon for a dangerous purpose (s.88), and possession of a weapon obtained by crime (s.96).

However, some of the most serious weapons offences carry no summary option at all. Using a firearm while committing another crime (s.85), weapons trafficking (s.99), possession of a weapon for the purpose of trafficking (s.100), importing or exporting a firearm without authorization (s.103), and unauthorized possession of a prohibited or restricted firearm without a licence authorizing it (s.92) are all indictable only. If you face one of those charges, the Crown cannot choose the lesser path, the case proceeds by indictment.

Under the YCJA, incarceration is intended primarily for violent and serious repeat offenders. For most offences, the maximum youth sentence is two years in total, combining the custody period with the period of community supervision that follows (s. 42(14)). A longer cap of up to three years applies only for offences that carry a maximum of life imprisonment for adults, through intensive rehabilitative custody and supervision orders (s. 42(2)(r)). Murder is treated separately: first-degree murder carries a maximum of 10 years (with up to six years in custody); second-degree murder carries a maximum of seven years (with up to four years in custody) (s. 42(2)(q)). In all cases where a judge does not impose an adult sentence, these youth maximums apply rather than the adult penalties listed alongside the charges above. The YCJA is founded on the principle that the youth criminal justice system must be separate from the adult system and based on diminished moral blameworthiness or culpability (s. 3(1)(b)).

The youth justice court will consider the following factors in deciding on a sentence for those between the ages of 12 and 17:

• the degree of participation by the young person in the commission of the offence;
• the harm done to victims and whether it was intentional or reasonably foreseeable;
• any reparation made by the young person to the victim or the community;
• the time spent in detention by the young person as a result of the offence;
• the previous findings of guilt of the young person; and
• any other aggravating and mitigating circumstances related to the young person or the offence.

If a judge imposes an adult sentence, you will generally remain in a youth facility until you turn 18, after which you may be transferred to an adult correctional facility (s. 76(2), s. 92).

This page is about a young person — someone aged 12 to 17 at the time of the offence — under the Youth Criminal Justice Act (YCJA).

A young person can be charged with this Criminal Code offence, but youth sentencing is different from adult sentencing. If the young person is found guilty, the youth justice court applies the Youth Criminal Justice Act.

Many less serious first-time youth matters may be handled through warnings, cautions, referrals, or extrajudicial measures instead of a formal court sentence. If the court does impose a youth sentence, the YCJA provides a range of options, including reprimands, discharges, probation, community service, restitution, and, in more serious cases, custody and supervision.

Custody is not the starting point for every youth case. The result depends on the charge, the facts, the young person’s history, the harm caused, the available programs, and the YCJA sentencing principles.

In rare cases, the Crown can ask for an adult sentence. That is not automatic. The court must apply the YCJA test before an adult sentence can be imposed.

For most offences, a custody-and-supervision order cannot exceed two years, or three years if the offence carries adult life imprisonment.

For a fuller explanation of how young people are sentenced, see How Youth Sentencing Works in Canada.