QUICK TAKEAWAY
Weapons Laws (Youth): The Criminal Code defines a weapon as anything intended to threaten someone or to cause death or injury to a person. Weapons are commonly thought to be guns or knives but anything that can inflict harm can be considered a weapon. For example, if you throw hot coffee at someone, you can be charged with assault with a weapon. Weapons charges are considered serious offences in Canada and can result in serious consequences. Under the Youth Criminal Justice Act (YCJA), incarceration is intended primarily for violent and serious repeat offenders with the maximum length of youth sentences ranging from two to 10 years. A Youth Court also has the option of imposing an adult sentence for serious breaches of the law.
Table of Contents:
What is a Weapon?
Under the Criminal Code, a weapon means anything used, designed to be used or intended for the use of causing death or injury to any person or threatening or intimidating any person.
The Code also covers a class of weapons that are prohibited or restricted by law that can include, among other weapons:
- a crossbow or similar device designed or altered to be aimed and fired by the action of one or both hands;
- tear gas, Mace or any gas, liquid, spray or powder capable of injuring or incapacitating a victim;
- any electrical or mechanical device designed or adapted to operate the trigger mechanism of a semi-automatic firearm, allowing it to discharge cartridges in rapid succession;
- a knife that has a blade that opens automatically by gravity or centrifugal force or by hand pressure applied to a button, spring or other devices in or attached to the handle of the knife;
- brass knuckles; or
- any device consisting of a manually triggered telescoping spring-loaded steel whip terminating in a heavy-calibre striking tip.
Types of Weapons Charges
Aside from firearms offences, weapons charges include (adult sentences are noted):
Carrying a weapon while attending a public meeting
Section 89.1 If you attend a public meeting while carrying a weapon, prohibited device or any ammunition without a lawful excuse, you will face charges with a maximum jail term of six months.
Carrying a concealed weapon
Section 90.2 If you conceal a weapon, a prohibited device or any prohibited ammunition unless you are authorized under the Firearms Act you could face a prison term of up to five years.
Possession of a weapon for a dangerous purpose
Section 88.1 If you carry or commit an offence while possessing a weapon that could endanger the public, you could face up to 10 years in prison. The Code also makes it illegal to carry or possess an imitation weapon, a prohibited device or ammunition to commit an offence that would be dangerous to the public peace.
Unauthorized possession of a prohibited weapon or restricted weapon
Section 91.1 If you are in possession of a prohibited weapon, a restricted weapon, a prohibited device (other than a replica firearm) or any prohibited ammunition without being the holder of the proper licence, you face a maximum jail term of five years.
Possession contrary to an order
Section 117.01 (1) If you are in possession of a firearm, a crossbow, a prohibited weapon, a restricted weapon, a prohibited device, any ammunition, any prohibited ammunition or an explosive substance while committing an offence and you are prohibited from doing so, you face a maximum of 10 years in prison.
Assault with a weapon
Section 267, if you carry, use or threaten to use a weapon or an imitation while assaulting someone could be liable to a prison term of up to 10 years.
Sexual assault with a weapon
Section 272.1 This is a serious offence that states if you commit a sexual assault while carrying a real or imitation weapon, you could be convicted of an indictable offenceIndictable offences are more-serious criminal offences and be imprisoned for up to 14 years.
Possession of a weapon for the purpose of trafficking
Section 100 (1) If you are found in possession of a prohibited weapon, a restricted weapon, a prohibited device, any ammunition or any prohibited ammunition for the purpose of trafficking you can be sent to prison for up to 10 years.
Possession of a weapon obtained by commission of an offence
Section 96 (1) If you commit an offence while possessing a firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition that you knew was obtained by the commission of a crime or by an act or omission, you can be jailed up to 10 years.
Summary or Indictable Offence
If you face trial on a weapons charge under the YCJA, the Crown can proceed as an indictable offence, and you would likely face incarceration. The Crown will consider such factors as the seriousness of the incident and your prior criminal record when deciding how to proceed. The prosecutor could also deal with the offence as a summary convictionUsed for lesser offences with less severe penalties.
Penalties for Weapons Offences
Under the YCJA, incarceration is intended primarily for violent and serious repeat offenders with sentences ranging from two to 10 years. However, if the judge elects to impose an adult term, you could face much harsher penalties which are listed along with the charges above. The Department of Justice states the “youth criminal justice system must be separate from the adult system and based on the principle that youth are presumed to be less morally blameworthy than adults.”
The youth justice court will consider the following factors in deciding on punishment for those between the ages of 12 and 18:
- the degree of participation by the young person in the commission of the offence;
- the harm done to victims and whether it was intentional or reasonably foreseeable;
- any reparation made by the young person to the victim or the community;
- the time spent in detention by the young person as a result of the offence;
- the previous findings of guilt of the young person; and
- any other aggravating and mitigating circumstances related to the young person or the offence.
If you are sentenced as an adult, you will remain incarcerated in a youth facility until you are 18 and then transferred to an adult prison.
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Ouellette Hoare Claxton
Walton Criminal Defence
Sean Fagan
Alain Hepner Q.C
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Glossary of Legal Terms
Indictable offence
Indictable offences are the most serious offences under the Criminal Code and they come with more serious punishments, up to a maximum penalty of life in prison.
Summary conviction
Summary convictions are used for lesser offences with penalties, fines and short jail time. They reflect the majority of offences as defined in the Code.
