Weapons Offences

Possession requires knowledge and control. Constructive possession (e.g., a firearm in a shared vehicle or residence) requires the Crown to prove both knowledge and the ability to exercise control. These elements are often defensible on the facts.

Yes — typically immediately, by way of a Chief Firearms Officer suspension or revocation, even before conviction. We address restoration applications and the criminal-file consequences in parallel.

Vehicle searches incident to traffic stops are heavily limited. Most loaded-firearm-in-vehicle prosecutions involve a search authority question that is the central battleground of the case.

Some firearms offences carry mandatory minimum sentences, though several have been found unconstitutional. Whether a mandatory minimum applies — and whether it can be challenged — depends on the specific charge and the facts, which is why early advice matters.

It is failing to store, transport, or handle a firearm safely and in accordance with the regulations. It is a common charge after a lawful firearm is found improperly secured, and it is often defensible on the standard of care and the circumstances of the search.

Frequently. Because weapons are usually found during a search, section 8 (unreasonable search) and section 9 (arbitrary detention) applications can lead to the evidence being excluded, which can defeat the charge.

Carrying an ordinary knife is not illegal in itself, but how and why you carry it matters. Switchblades and gravity knives are prohibited weapons under the Criminal Code. Carrying a knife concealed as a weapon can be charged under section 90, and carrying one for ‘protection’ can support possession of a weapon for a dangerous purpose under section 88, punishable by up to 10 years. Context, intent and anything said to police are often decisive.

It is a court order barring you from possessing firearms and other weapons. Under section 109 of the Criminal Code, it is mandatory after a conviction or discharge for offences such as violent indictable offences carrying 10 years or more, intimate-partner violence, criminal harassment, many firearm offences and drug trafficking. A first order lasts at least 10 years for ordinary firearms and for life for prohibited and restricted ones; a second order is for life.

It can be. Many firearm charges, including a loaded prohibited or restricted firearm under section 95, are reverse-onus offences under section 515(6) of the Criminal Code: the accused must clearly demonstrate that the release plan addresses the risks. Since July 2026, someone convicted of an indictable offence in the past 10 years generally cannot act as surety. Toronto adult bail hearings are held at the Toronto Region Bail Centre, 2201 Finch Avenue West. Aaron M. Spektor builds release plans from the first call.

Sometimes. Under section 84(3) of the Criminal Code, an air gun proved not to be designed or adapted to exceed a muzzle velocity of 152.4 metres per second or a muzzle energy of 5.7 joules is deemed not to be a firearm for licensing and most possession offences. It can still be treated as a firearm for other offences, such as using one while committing a crime, and as a weapon. More powerful air guns are firearms for all purposes.