Guns and Weapons Defence Lawyer in Toronto

In 2019, the Firm resolved a careless storage of a firearm and ammunition allegation without a criminal record, where a gun collector had nearly 50 guns and thousands of rounds of ammunition, including a Smith and Wesson .357 Magnum and S.K.S. rifle sitting on a bed in its R. v. R.L. [2019]. The accused’s wife called the police after there was a break-in at the home. Officers arrived on scene to find rifles on the floor by the fireplace. The thieves were initially going to steal the firearms but later left them before fleeing with personal property. Once the police arrived, they charged her husband for failing to store his firearms correctly.  The Firm conducted a contested sentencing hearing after a guilty plea and was able to secure the rare outcome of a conditional discharge. The Firm also saved his job where the client had high level government security clearance.

In 2018, the Firm defended a client charged with importing firearms, careless storage of ammunition, and possession of prohibited weapons in R. v. L.K. [2018]. The client was arrested after he was found importing more than $100,000 worth of pistol kits. The Firm worked alongside the guns and gangs unit and reviewed all evidence including warrants. The Firm was able to successfully challenge warrants, including arguing that some of the weapons did not fall within the legal definition of a firearm. The firm successfully resolved the matter, protecting the client’s job within the fire department.

In 2024, the Firm represented a client charged with two counts of point firearm, two counts of use imitating firearm in the commission of an indictable offence, two counts of utter threats, possession of property obtained by crime, theft under $5,000, and possession of a weapon for a dangerous purpose in R. v. C.B., [2024]. The client was arrested after getting into an altercation with two complainants on the street and ultimately pulling an imitation rifle on them. The client threatened the two individuals and took property from one of them. The Firm had the client undergo an evaluation which assisted in providing context to his actions. Ultimately, the client pled guilty and received a conditional discharge, preserving his record and protecting his employment.

What is the Legal Definition of a Weapon?

The legal definition of “weapon” is provided in section 2 of the Criminal Code, which states that a weapon is any thing used, designed to be used, or intended for use in causing death or injury to any person or for the purpose of threatening to intimidate any person. In practice, this means that any item can be considered a weapon, even items not typically considered a weapon. 

For example, Person A gets into a heated argument with Person B. Person A throws their keys at person B, striking them in the leg. Person A is guilty of the offence of assault with a weapon.

What is the Legal Definition of a Firearm?

The legal definition of “firearm” is provided in section 2 of the Criminal Code, which states that a weapon is a barrelled weapon from which any shot, bullet, or other projectile can be discharged and that is capable of causing serious bodily injury or death to a person. The definition includes any frame or receiver of such a barrelled weapon and anything that can be adapted to use as a firearm.

In Canada, firearms are categorized into three categories: non-restricted firearms, restricted firearms, and prohibited weapons. Non-restricted firearms include certain shotguns, certain long guns that are used for sport, and most hunting rifles. Restricted firearms include handguns, certain semi-automatic rifles and firearms with a length under a certain limit. Finally, prohibited weapons include fully automatic rifles, certain converted automatic firearms, sawed off shotguns and rifles, and certain other specific makes and models of firearm.

Is Pepper Spray Legal in Ontario?

While there is no section in the Criminal Code specifically criminalizing pepper spray, it is illegal to carry pepper spray or mace with the intent of using it on another human being. This includes with the intent to use it for self-defence.

An individual found to be carrying or having used pepper spray on another person may be charged with the offence of possession of a prohibited weapon pursuant to section 92(1) of the Code. Pepper spray may become a prohibited weapon where it is used for the purpose of injuring, immobilizing or otherwise incapacitating any person. Similarly, a charge of possession of a weapon for a dangerous purpose may be laid where an individual is found to have been carrying pepper spray for the purposes of using against another person. Finally, an individual caught carrying pepper spray may be charged with assault with a weapon if they spray another person.

It is legal to carry “dog spray” or “bear spray” as long as the intention is to use it to protect against wildlife. So, the important takeaway, is that it is the intent behind which the accused was carrying the spray that determines whether or not it is illegal. Courts will also consider whether the spray is marketed towards use against people or against animals.

How to Beat a Weapons Charge?

The appropriate defence for any case involving weapons offences will be tailored to the specifics of the offence and the specific facts of the case. Given the wide array of weapons offences in the Criminal Code, defences may differ significantly from one case to the next.

In some cases, an accused may argue that the item in their possession does not meet the definition of a weapon pursuant to the offence with which they have been charged. In other situations, the accused may argue that the item in their possession was not intended to be used as a weapon (i.e. cases involving pepper spray).

In many weapons cases, the best defence will involve launching a Charter challenge. For example, in firearms cases where the Crown’s primary evidence is the weapon itself, a successful Charter challenge that excludes the weapon as evidence has the potential to undermine the Crown’s case enough to defeat it.

If you have been charged with a weapons offence it is important to hire the right legal counsel to assist you. Those convicted face heavy penalties in Canada including jail and ancillary orders. Experienced counsel will ensure your rights are protected, that you understand the process and your options and that you are comfortable with the manner in which the case is defended. Donich Law has more than a decade of experience achieving favourable results for our clients even in the most serious cases.

Will I go to Jail for a Weapons Offence in Toronto?

In Canada, Parliament and the courts take violent offences, especially those involving weapons, very seriously. Whether or not an offender will go to jail will depend on several factors, the most important of which are the offence for which the individual was convicted, their prior criminal history, and the specific findings of fact the Court makes.

Some firearm offences, including importing firearms, carry mandatory minimum jail sentences of up to three years. In these cases, if convicted, the Court has no choice but to impose at least three years custody. Some offences like carrying a concealed weapon, or unauthorized possession of a weapon carry a five year maximum prison term. Other more serious weapons offences like robbery with a weapon or sexual assault with a weapon carry far more serious penalties, with the maximum being life imprisonment.

In determining an appropriate sentence, the Court will consider appropriate case law along with sentencing submissions made by both the Crown and defence counsel. An important factor the Court will consider when imposing sentence is the type of weapon the offender had. Courts in Canada treat offences involving firearms as particularly serious. The Court will also consider the risk to the public that results from the offender’s actions.