Experienced Representation in Weapons Allegations
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Weapons Charges in Canada
Weapons charges in Canada are among the most serious offences under the Criminal Code. These charges can arise from a wide range of situations, including the possession, use, or trafficking of firearms and other weapons. Given the complexities involved, navigating these charges requires an in-depth understanding of both the law and the specific circumstances of the case. Ryan Patmore, a seasoned criminal defence lawyer based in Calgary, provides expert representation for individuals facing weapons charges across Western Canada. This article will explore various aspects of weapons charges in Canada, highlighting the legal definitions, possible defences, and penalties.
Ryan's dedication to his clients goes beyond just legal representation—he offers reassurance and support during one of the most challenging times in their lives, aiming to achieve the best possible outcome while safeguarding their future.
What Constitutes a Weapon?
In Canadian law, a weapon is broadly defined as any object that is "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." This definition encompasses traditional weapons such as firearms, knives, and brass knuckles, as well as objects not inherently dangerous but used in a harmful manner. For example, a pocket knife may be considered a weapon if it is used to threaten someone. The Crown Attorney must prove that the object meets the legal definition of a weapon or falls under the category of prohibited weapons, such as brass knuckles or crossbows, to secure a conviction.
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Firearms: Any barrelled weapon that can discharge a projectile by means of an explosive or other force (e.g., rifles, shotguns, handguns).
Brass Knuckles: A metal hand-held weapon designed to fit around the knuckles, enhancing the force of a punch.
Crossbows: Bows that shoot projectiles using a trigger mechanism, considered a weapon if used dangerously.
Knives: Includes pocket knives, hunting knives, switchblades, and other edged weapons, especially if used or intended to cause harm or intimidate.
Prohibited Weapons: Includes devices like nunchaku, blowguns, and certain martial arts weapons.
Imitation Firearms: Objects that resemble firearms, which can be treated as weapons if used to threaten or intimidate.
Explosives: Items such as bombs or grenades that can cause significant harm.
Tasers or Stun Guns: Devices designed to incapacitate a person through electric shock.
Mace or Pepper Spray: Can be considered a weapon if used to cause injury or intimidation.
Batons or Clubs: Simple blunt-force weapons, often associated with self-defence or assault.
The Criminal Code also categorizes certain weapons as prohibited or restricted, making their possession, use, or trafficking illegal under specific circumstances.
Patmore.
Possession for a Dangerous Purpose
Possession of a weapon becomes criminal when it is for a purpose deemed dangerous to the public’s peace. This includes any disruption of the normal state of society or behaviour that disturbs public order. It is important to note that this offence is not limited to public spaces; possessing a weapon in a private setting can also result in charges if it is found to be for a dangerous purpose. For example, a person possessing a firearm in their home with the intent to use it in a criminal manner could still face serious legal consequences.
Intoxication and Legal Defences
One common defence in weapons cases is intoxication. The law requires that the accused not only possesses the weapon but also intends to use it to disturb the peace or commit a crime. If the accused was too intoxicated to form the specific intent required, they might be found not guilty. However, this defence can be complex, and the success of such a strategy depends heavily on the evidence presented and the skill of the defence lawyer.
Lawful Possession and Unlawful Use
An individual may lawfully possess an object but still face charges if that object is later used as a weapon. For example, if someone legally owns a hunting knife but uses it during an altercation, they may be charged with an offence such as assault with a weapon. However, this does not automatically lead to a conviction for possession for a dangerous purpose, as the original intent behind the possession was lawful.
What do you do?
Self-Defence and Weapons
The question of whether one can legally possess a weapon for self-defence is complex and varies by case. Some courts have ruled that possessing a weapon solely for self-defence does not constitute possession for a dangerous purpose, while others have found the opposite. This discrepancy underscores the importance of a detailed analysis of the facts in each case and the need for experienced legal counsel to present a strong defence.
Frequently Asked Questions
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In many weapons cases, the legality of the police search and seizure of the weapon plays a critical role. If the police conducted an illegal search or interrogation, any evidence obtained, including the weapon itself, may be excluded from trial. This can lead to the dismissal of charges. Ryan Patmore’s experience in challenging the validity of police actions has been instrumental in securing positive outcomes for his clients.
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The penalties for weapons offences in Canada are severe, and they vary depending on the specific charge and circumstances. For example:
Possession of a firearm or imitation firearm can result in up to 10 years imprisonment.
Unauthorized possession of a prohibited, restricted, or stolen firearm carries a potential sentence of up to 10 years.
Using a firearm or imitation firearm during the commission of an offence can lead to imprisonment of up to 14 years.
Carrying a concealed weapon may result in up to 5 years in prison.
Even first-time offenders or those with minor records may face significant jail time. However, with the right legal representation, it is possible to reduce or avoid these penalties, especially when the defence can identify weaknesses in the prosecution's case.