Possession of a Weapon for a Dangerous Purpose
It is an offence in Canada to possess a weapon for a purpose dangerous to the
public’s peace or for the purpose of committing a criminal offence.
What is a weapon?
There are some items such as “firearms” and a list of other illegal objects
including brass knuckles or cross bows that will always meet the definition of a
weapon in law. Other items, such as a pocket knife or hunting knife require that
the item be, “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” to meet the definition of a weapon. The Crown Attorney must prove that
the item meets this definition or fall within a list of prohibited weapons in
order to establish that the item is a weapon. Read about a case where the
crown failed to prove a Taser Gun was a weapon by
clicking here
What is considered a purpose dangerous to the public’s
peace?
A purpose dangerous to the public’s peace includes a disruption of the “normal
state of society” and a disturbance of “the general peace and order of the realm
as provided for by law”. It is an, "unquiet and harmful behaviour towards the
Queen and her people" according to various legal definitions.
What if I am not found with the weapon in a public
place?
The possession by the accused of weapons in their own home or a private place
does not preclude a finding of a purpose dangerous to the public peace. This
is so even if there is a use of the weapon giving rise to the charge, which use
takes place entirely in private.
What if I was extremely intoxicated at the time I
possessed the weapon? Is intoxication a defence to this offence?
The Crown must show that the accused person not only possessed the weapon, but
also possessed it with the added purpose of disturbing the peace or committing a
crime. If the accused was too intoxicated to form the specific intent required
to commit the full offence, he will be found not guilty.
What if I originally possessed the weapon for a lawful purpose but
later used it as a weapon? Will I be found guilty of the offence?
A person who uses an item they otherwise lawfully possessed as a weapon may not
be found guilty of possession for a dangerous purpose (however they may be found
guilty of another offence such as assault with a weapon). Unpremeditated use of
a weapon otherwise possessed for a lawful purpose does not necessarily reflect
possession for a purpose dangerous to the public peace.
Is it okay for me to possess a weapon for self-defence?
There is no clear answer to this question. Some courts have held that the
possession of a weapon solely for self-defence reasons does not trigger the
offence of possession for a purpose dangerous to the public. However, this view
is not unanimous and many trial judges have come to the exact opposite
conclusion. Ultimately, this becomes a very fact specific analysis.
Can I argue that I was illegally searched by the
police?
Many cases of possession of weapons are won on the basis that the evidence
obtained by the police are excluded from evidence at trial as a result of an
illegal search, stop or interrogation by police officers which lead to the
discovery of the weapon. I have won a number of cases for clients using
this type of argument. For an example of some of these cases, read the following
judgments of R. v. Dennis or
R. v. Haye
What are the types of punishments I can face for this
type of offence?
The sentences for possession of a weapon dangerous to the public can range to a
maximum 10 years in prison if the Crown proceeds by indictment or a maximum six
months in jail if the crown proceeds by summary conviction. Notwithstanding
these penalties, the reality is that a first time offender or someone with a
minor record may be able to avoid jail or a criminal record altogether with the
right representation.
If you or someone you know is charged with possession of a weapon for a
dangerous purpose, you should immediately contact a criminal lawyer to determine
your best defence for this type of criminal charge. I can be reached for a
free consultation at 416.297.7200.
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