The offence of weapons trafficking is created by s. 99 of the Criminal Code. It provides that an unauthorized transfer of a firearm is an offence. “Transfer” is defined by s. 84(1) of the Criminal Code as meaning to “sell, provide, barter, give, lend, rent, sent, transport, ship, distribute or deliver”.

However, agreeing to purchase a firearm does not constitute a “transfer” of the firearm.

R. v. Bienvenue, 2016 ONCA 865