Carrying Concealed Weapon

The Criminal Code makes it an offence to carry a weapon, prohibited device, or prohibited ammunition that is concealed, unless you are authorized to carry it concealed under the Firearms Act. You could face this charge even if you did not brandish or threaten to use it.

Civilians in Canada are generally not permitted to carry concealed weapons. There are limited exceptions.

Certain public officers are exempt from many firearm restrictions while carrying out their duties. Under s. 117.07 of the Criminal Code, the category of public officer is broadly defined and includes peace officers, members of the Canadian Forces, members of cadet organizations under Canadian Forces supervision, people training to become police or peace officers, members of visiting forces, certain prescribed government employees, officers designated under the Firearms Act, and Bank of Canada or Royal Canadian Mint security personnel. The exemption covers possessionHaving knowledge and control of something — not only physically holding it, but also an item kept somewhere else that you know about and control., manufacture, transfer, import, and export of firearms and other weapons in the course of their duties, and is not limited to carrying handguns.

Civilians may apply for an Authorization to Carry (ATC) under the Firearms Act, s. 20, in very limited situations. The Authorizations to Carry Restricted Firearms and Certain Handguns Regulations (SOR/98-207) set out two grounds:

• Protection of life (s. 2): all three of the following conditions must be met: your life or the lives of others is in imminent danger from another person; police protection is not sufficient in the circumstances; and carrying a restricted firearm can reasonably be justified to protect against death or grievous bodily harm.
• Lawful profession or occupation (s. 3): you work primarily handling, transporting, or protecting cash or valuables; you work or live in a remote wilderness area where a firearm is needed for protection from wild animals; or you are engaged in licensed trapping.

An ATC is only issued if you have completed approved firearms-proficiency and use-of-force training and the firearm is appropriate for the circumstances (s. 4 of the Regulations). ATCs are rare and issued at the discretion of the Chief Firearms Officer.

To prove that you were carrying a concealed weaponA hidden weapon, the Crown has to show that you possessed an item that counts as a weapon, a prohibited device, or prohibited ammunition. It also has to prove that you deliberately concealed it, meaning you took steps to hide it so it would not be seen. The Crown does not have to prove that you knew carrying it concealed was against the law. What matters is that you knew you had it and that you hid it.

This charge is a hybrid offenceAn offence the Crown can proceed with summarily or by indictment., meaning that the Crown prosecutorA lawyer who conducts a criminal prosecution on behalf of the public. has the discretion to treat it as a summary convictionLess-serious criminal offences or indictable offenceA more serious type of Canadian criminal offence.. If it is handled as an indictable offence, the maximum penalty is five years in prison. If no one was hurt and if this is your first offence, the Crown may decide to treat the charge as a summary conviction, with penalties ranging from fines to shorter jail terms.

The legality of the search and the circumstances surrounding the discovery of the weapon may be the main focus of your defence from this charge. You are protected from unwanted searches by the Canadian Charter of Rights. If the police did not have reasonable grounds to conduct a search, your lawyer could file a Charter application to have any evidence excluded.  

To find you guilty of carrying a concealed weapon, the Crown must prove that you were carrying the weapon and that you concealed it. Both the definitions of “weapon” and “carry” can be interpreted broadly, which may open up avenues for defence.

It is not an offence under s. 90 where the person is authorized under the Firearms Act to carry the weapon concealed. How this exception operates in a specific case is a matter for legal advice.