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Firearms and Weapons Criminal Code, s. 98.1 Indictable

Robbery to Steal a Firearm

If you are convicted of robbery to steal a firearm, the Code states that you will face a maximum sentence of life imprisonment upon conviction.

Last reviewed: July 2026 Section: Criminal Code, s. 98.1 Classification: Indictable
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Plain-Language Summary

Robbery to Steal a Firearm: What It Means and the Penalties

Robbery to steal a firearm means committing a robbery to steal a gun, or actually stealing one during a robbery. It also covers breaking into a place to steal a firearm, or stealing one while breaking in. The longest sentence is life in prison.

Robbery to Steal a Firearm: If you are convicted of robbery and your intention was to steal a firearm, s.98.1 of the Criminal CodeA federal act codifying most criminal offences in Canada states that you will face a maximum sentence of life imprisonment upon conviction. The same maximum sentence is a possibility for those convicted of breaking and entering to steal a firearm, even if there is no violence threatened against a person.

What is Robbery to Steal a Firearm?

Section 98.1 of the Criminal Code makes it a crime to commit a robberyUsing force or intimidation to take property from another person with the intention of stealing a firearmA barrelled weapon capable of firing a projectile that can cause serious injury or death., or to commit a robbery in the course of which you actually steal a firearm.

The Code defines a robbery (s.343) as: - stealing, and using violence or threats of violence against a person or property for the purpose of taking what you stole or to prevent or overcome any resistance to the stealing; - stealing from a person and, at the time of the theft or immediately before or immediately after it, wounding, beating, striking, or using personal violence against them; - assaulting any person with the intention of stealing from them; or - stealing from any person while armed with an offensive weapon or imitation of one.

What the Crown Must Prove

For a charge of robbery to steal a firearm (s.98.1), the Crown must prove that you committed a robbery as defined in s.343, and either (a) that you intended to steal a firearm when you did so, or (b) that you actually stole a firearm in the course of that robbery.

For a charge of breaking and entering to steal a firearm (s.98), the Crown must prove that you broke and entered a place (or broke out of one) and either intended to steal a firearm located there, or actually stole one in the course of doing so.

Penalties  

The offences of robbery to steal a firearm and breaking and entering to steal a firearm are both treated as indictable offenceA more serious type of Canadian criminal offence.s. Each carry a maximum punishment of life in prison.

What the Crown Must Prove

To get a conviction, the Crown must prove every part of the offence beyond a reasonable doubt.

Section 343

1

Robbery as defined in s.343

The Crown must prove the accused committed 'robbery' within the meaning of s.343 Criminal Code — i.e., stole (or attempted the conduct in s.343(a)-(d)): using violence/threats to extort or overcome resistance to a theft; or stealing and wounding/beating/striking/using personal violence at, immediately before, or immediately after the theft; or assaulting a person with intent to steal; or stealing while armed with an offensive weapon or imitation thereof.

2

Voluntariness and general intent for the underlying robbery

The Crown must prove the accused voluntarily committed the underlying robbery act(s) (violence, threat, assault, or theft while armed) with the intent particular to whichever s.343 branch is relied on.

Section 98.1

1

Intent to steal a firearm, OR actually stealing a firearm

The Crown must prove either (i) the robbery was committed with the specific intent to steal a firearm, or (ii) a firearm was actually stolen in the course of the robbery. Only one of these two alternatives needs to be proven, not both.

2

Identity of the accused

The Crown must prove the accused was the person who committed the acts constituting the robbery.

Section 2

1

The item is a 'firearm' as defined

The Crown must prove the object intended to be stolen, or actually stolen, meets the Criminal Code definition of 'firearm' (s.2) — a barrelled weapon capable of causing serious bodily injury or death, discharging a shot, bullet, or projectile.

A proof rule (a presumption) is a rule about evidence. It does not mean the person is automatically guilty. It means the court may treat one fact as evidence of another fact unless there is evidence pointing the other way.

Possible Penalties

These are maximum sentences. Actual sentences depend on the facts, criminal history, and any mitigating or aggravating circumstances.

Robbery with intent to steal a firearm, or in the course of which a firearm is stolen — s. 98.1

Indictable
Maximum penalty
Life imprisonment
How it proceeds
Indictable only

s. 98.1 is a standalone indictable-only offence with a single penalty clause and no mandatory minimum of its own. Robbery generally (ss. 343–344) is covered on the Robbery page.

What these words mean
Indictable
The more serious way to prosecute an offence. It can carry higher maximum penalties.
Summary conviction
The less serious, usually faster way to prosecute an offence, with lower maximum penalties.
Hybrid
An offence the Crown can prosecute either way — by indictment or by summary conviction.
Summary only
Summary-only offences are prosecuted by summary conviction. The Criminal Code sets the maximum penalty in the specific offence section.
Crown election
The Crown prosecutor’s choice of which way to proceed on a hybrid offence.

Possible Defences and Legal Issues

Robbery to Steal a Firearm — s.98.1

Section 98.1 does not list a special defence in the Criminal Code. The Crown still has to prove the parts of the offence. Depending on the charge, this may mean proving that the accused committed a robbery as defined in section 343, and either intended to steal a firearm or actually stole one in the course of the robbery.

Possible issues may still depend on the facts, the evidence, and whether the Crown can prove each part of the offence. This is general legal information, not legal advice.

Common Legal Terms

Terms marked with a dotted underline in the article above are defined here and available in the full site glossary.

Firearm
Glossary entry →
A firearm is generally a barrelled weapon from which a projectile can be discharged and that is capable of causing serious bodily injury or death. Canadian law also has technical rules for restricted firearms, prohibited firearms, replica firearms, licensing, storage, and possession.
Indictable offence
Glossary entry →

An indictable offence is generally a more serious type of Canadian criminal offence. Some indictable matters have higher maximum penalties and may involve different court procedures, including election about the mode of trial in some cases.

Robbery
Glossary entry →

When force or intimidation is used or threatened to take property from another person.

Legal sources

The official statute section(s) this page is based on. Always confirm against the official source before relying on it.

Government References

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General legal information only. Not legal advice. We do our best to keep this page accurate and up to date, but criminal law can change and every case depends on its facts. Check the review date and consult the Criminal Code or a criminal defence lawyer before relying on this information.

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Criminal Code Help explains selected Criminal Code offences and related legal concepts in plain language. The goal is to help readers understand the general meaning of the law without having to read the full statutory text.

This page is a simplified summary. It does not include every exception, definition, court interpretation, evidentiary issue, Charter issue, sentencing factor, or procedural rule that may apply in a real case.

Legal information, not legal advice

This page is general legal information only. It is not legal advice and should not be relied on as advice about any specific charge, investigation, court file, or personal situation.

Possible defences and legal issues depend on the facts, the evidence, the exact charge, current Canadian law, and the province or territory where the case is being handled. If you are facing a criminal charge or researching a real legal problem, speak with a criminal defence lawyer in your province or territory.