Written By: Ravi Prithipaul

While the simple possession, use, storage, or handling, of a firearm might appear to be a victimless crime, Crown prosecutors and police agencies take these offences very seriously. There are numerous offences in the Canadian Criminal Code, R.S.C., 1985, c. C-46 (the “Code”) involving weapons and firearms, including:

• Using a firearm in the commission of an offence;
• Careless storage, transport, use or handling of a firearm;
• Pointing a firearm;
• Possession of weapons for a dangerous purpose;
• Carrying a concealed weapon;
• Unauthorized possession of a firearm (ie. without a valid license or registration certificate);
• Unauthorized possession of a prohibited or restricted weapon;
• Possession of a firearm knowing that the possession was unauthorized;
• Unauthorized possession of a firearm in a motor vehicle; and,
• Possession of a prohibited or restricted firearm with ammunition.

The range of penalties for these types of crime varies widely all the way from discharges (for certain offences) to jail. For example, using a firearm in the commission of an offence is quite serious.

This is a purely indictable offence that is punishable by a minimum jail sentence of one year for a first conviction, and a minimum of three years in jail for a subsequent conviction.
Similarly, possession of a firearm knowing that the possession was unauthorized and possession of a prohibited or restricted firearm with ammunition are punishable by minimum jail terms of one year up to five years, depending on the nature of the offence charged, and whether it is a second, third, or subsequent offence. The maximum jail sentence for these types of charges is ten years.

However, many of these offences are “hybrid” (meaning that they can be prosecuted by summary conviction or by indictment) and are not subject to mandatory minimum sentences. Discharges may be available. In general terms, when the prosecution proceeds by summary conviction, the maximum penalty is six months’ imprisonment and/or a fine of up to $5,000. If the Crown elects to proceed by way of indictment, the maximums range from two up to ten years of imprisonment depending on the offence and whether or not this is a first or subsequent conviction.

How a criminal defence lawyer in Edmonton can help

Protecting your rights is a key function of a defence lawyer. In addition to advocating for you and gathering evidence for your defence, your criminal defence lawyer can identify where your rights are violated and advocate for remedies that could include having evidence thrown out or the charges dismissed.

Your rights are protected by the Canadian Charter of Rights and Freedoms (the “Charter”). For example, many firearms – related charges arise after a search of a person, motor vehicle or home. Section 8 of the Charter protects you from unreasonable search and seizure. Searches and seizures of items must, therefore, be lawful and carried out reasonably. Section 10(b) requires that the police inform you of your right to counsel and allow you to retain and instruct counsel without delay. In the course of the investigation, a Charter violation may occur if the police detained you without informing you of your rights or affording you the opportunity to retain and instruct counsel. These are just a few examples of rights your criminal defence lawyer may identify and fight to have respected.

If your lawyer identifies a violation of the Charter, section 24 provides the appropriate remedies. It allows court to exercise discretion to exclude evidence that was obtained in a manner that contravened the Charter and where, to admit the evidence, would bring the administration of justice into disrepute.

Advocacy

The advocacy of an experienced criminal defence lawyer throughout your case can limit your exposure to serious penalties and help you secure a positive result. Your lawyer will advise you at the initial stages including seeking release (“bail”), obtaining disclosure, negotiating with the Crown and preparing for trial or a resolution of the case.

Gathering evidence for your defence

In addition to defences related to violation of an accused Charter rights, Mr. Prithipaul, Q.C.has experience in gathering evidence to prepare a defence based on the case facts and drawing from past cases. This may involve hiring expert witnesses.

The Crown prosecutor must prove all elements of the offence, including that you had both the required mens rea (the mental intent) and actus reus (the physical act) required beyond a reasonable doubt. Ravi Prithipaul has experience collecting evidence that supports alternate theories that could undermine one or more of these elements. The result? The prosecution could be unable to prove the offence beyond a reasonable doubt.