Weapons and Firearms
Offence Lawyer in Winnipeg

Facing weapons charges in Winnipeg? The consequences can be life-altering. With potential consequences, including severe prison sentences, you need an experienced defence lawyer who understands the intricacies of firearms laws and can navigate the charges associated with violating these laws.

At Wiebe Criminal Defence, our team brings years of focused experience defending clients against a wide range of weapons charges. We fight tirelessly to protect your rights and achieve the best possible outcome for your case. Trust us to handle your case with the seriousness and dedication it demands.

Under Section 2 of the Criminal Code of Canada, a weapon is defined as any object used, designed to be used, or intended for use to cause death, injury, or to threaten or intimidate a person. This legal definition is broad, capturing a wide range of objects not typically considered weapons in the conventional sense, but which can be classified as such based on their intended use in specific contexts. For example, everyday objects like a set of keys, a remote control, or even a cup of coffee could be classified as weapons if they are used or intended to be used to cause injury or to threaten or intimidate someone.

Furthermore, many items are explicitly designated as restricted or prohibited weapons under Section 84(1) of the Criminal Code, adding layers of legal complexity to cases involving such objects. If you’re charged with a weapons offence, It’s important that you understand that the classification of an object as a weapon can significantly influence the legal proceedings and potential outcomes of your case.

In Canada, there are three main classes of firearms: non-restricted, restricted, and prohibited. Each class carries specific requirements for licensing, safe handling, and permitted uses. Understanding these classes is crucial for anyone who interacts with firearms in Canada. Let’s start with the most common type: non-restricted firearms.

Facing firearms or weapons charges can be overwhelming. At Wiebe Criminal Defence, we are well-versed in the complexities of firearms and weapons offences and have a proven track record of vigorously defending our clients. 

There are several types of firearm offences set out in sections 84 to 117 of the Criminal Code, which are mainly categorized as possession offences, use offences, and trafficking offences.  We explain these in more detail next starting with use offences. 

The use of a firearm in the commission of an offence is a particularly serious criminal act addressed under Section 85 of the Criminal Code. This section imposes additional penalties on individuals who use or attempt to use a firearm or an imitation firearm during the commission of an indictable offence, or while attempting to commit, or fleeing after committing such an offence. The legal provisions are designed to address and deter the heightened risk and potential harm associated with the use of firearms in criminal activities.

This offence occurs when you use anything that resembles a firearm to instill fear or gain compliance during the commission of an indictable offence, attempting to commit an indictable offence, or while fleeing after committing or trying to commit such an offence.   Even if the firearm is a replica or toy, the Criminal Code treats the situation as though a real firearm was used. For example, if an individual were to commit a robbery while brandishing a realistic-looking toy gun, they would face the same charges as someone who used a real firearm in the crime.

The Criminal Code in Section 86 mandates that firearms must be handled with utmost responsibility. Careless use of a firearm demonstrates a lack of concern for your own safety and the safety of those around you. This could include leaving a firearm loaded where it’s easily accessible or failing to take proper precautions while using a firearm at a shooting range. An example of careless use would be accidentally discharging a firearm during cleaning and causing an injury. This offence also applies to prohibited weapons or devices, restricted weapons, or any ammunition or prohibited ammunition.

Canadian law outlines strict rules for the safe storage of firearms aimed at preventing them from falling into the wrong hands. Contravention of storage regulations means failing to adhere to these rules. This could include leaving a loaded rifle unlocked in a closet instead of storing it in a secure gun safe as mandated by law.

Intentionally pointing a firearm at another person without a legal reason is a criminal offence in itself, regardless of whether the firearm is loaded. This act is described in Section 87 of the Criminal Code and is considered a threat of violence.  For example, if an individual were to point a firearm at a neighbor during a heated argument, even with no intention of firing it, they would be committing a crime.

Section 88 of the Criminal Code addresses the possession of a weapon for a dangerous purpose. This law defines the offence as carrying or possessing a weapon, imitation weapon, prohibited device, or ammunition for a purpose dangerous to the public peace or for the purpose of committing an offence. The legal standard focuses on the intent behind carrying or possessing the item, which must be proven to be malevolent or harmful in nature.

Carrying a weapon while attending a public meeting is a criminal offence under section 89 of the Code. This provision makes it an offence for any individual to carry a weapon, prohibited device, ammunition, or prohibited ammunition without a lawful excuse while attending or on the way to attend a public meeting.

The purpose of this section is to ensure public safety during public gatherings and meetings. It recognizes that there may be instances where carrying a weapon or ammunition is necessary, such as for law enforcement or security personnel, recreational activities like hunting, or transportation, storage, and shipment. However, it also aims to prevent violence in public events, rallies, and meetings by criminalizing the act of carrying weapons or dangerous devices without a lawful reason.

The offence of carrying a concealed weapon is outlined in Section 90 of the Criminal Code. It specifically addresses the illegal act of carrying a weapon, prohibited device, or prohibited ammunition concealed, unless one has been authorized under the Firearms Act to do so. This law aims to curb the hidden possession of dangerous items that may pose a threat to public safety. The legal elements of this offence require proving that the accused intentionally concealed the weapon without appropriate authorization.

Section 91(1) of the Criminal Code governs the unauthorized possession of a firearm while Section 91(2) deals with the unauthorized possession of prohibited or restricted weapons. This section also includes prohibited devices (such as certain silencers or high-capacity magazines) and prohibited ammunition (like armor-piercing rounds). Possessing a prohibited device, other than a replica firearm, or any prohibited ammunition, without being the holder of a licence under which the person may possess it is a criminal offence.

There are situations where you might come into temporary possession of a prohibited or restricted weapon without facing charges. These include:

The law states that it’s illegal to knowingly be in possession of any prohibited firearm, restricted firearm, non-restricted firearm, prohibited weapon, prohibited device, or prohibited ammunition if you don’t have the correct licenses and registration (where applicable). To own these items legally, you need the appropriate license that specifically covers the type of firearm, weapon, device, or ammunition you have. Additionally, you’ll need a registration certificate for prohibited and restricted firearms.

Section 93(2) criminalizes the possession of a firearm, prohibited weapon, restricted weapon, prohibited device, or prohibited ammunition in an unauthorized place. This could include public places, schools, or other locations where possession is not permitted.

Section 94 of the Code deals with the possession of a firearm, prohibited weapon, restricted weapon, prohibited device, or prohibited ammunition in a motor vehicle unless the possession is authorized. This section is intended to prevent the unlawful transportation of weapons in vehicles.

Weapons trafficking is a serious criminal offence outlined in Section 99(1) of the Criminal Code. It encompasses the manufacturing, transferring, or offering to transfer the ownership of prohibited firearms, restricted firearms, non-restricted firearms, prohibited weapons, restricted weapons, prohibited devices, ammunition, or prohibited ammunition without authorization. This section specifically targets activities that facilitate the illegal distribution and accessibility of dangerous weapons and devices.

When facing firearms and weapons charges, at Wiebe Criminal Defence we’ll fight tirelessly to protect your rights. Our goal is not just to defend you but to navigate the legal system for the best possible outcome.

Weapons charges are serious and carry potentially severe consequences. It’s important to remember that you have legal rights, and several potential defences might apply to your specific case. We explain the possible defences below. 

The defence of duress can be pivotal in cases involving weapons offences, particularly if you acted under compulsion or threat of immediate harm. Under Canadian law, duress is recognized as a valid legal defence if you can demonstrate that your actions were the result of a serious and immediate threat to your life or safety and there was no reasonable opportunity to escape or avoid the situation.

However, to successfully claim duress, you must provide evidence that you genuinely believed there was an imminent risk of harm or death and that the threat was sufficiently real and immediate. This defence does not apply if the threat is of future harm or if the threat originates from circumstances that you willingly or recklessly got yourself into.

Legitimate firearm possession is a strong defence against weapons charges. In Canada, individuals may legally possess firearms for reasons such as hunting, sport shooting, or personal protection (in limited circumstances).

To establish a defence based on legitimate possession, it must be demonstrated that the individual held a valid Possession and Acquisition Licence (PAL) and that the firearm in question was registered accordingly if required (such as for restricted or prohibited firearms). Additionally, the individual must comply with all regulations concerning the safe storage, handling, and transportation of the firearm.

The “mistake of fact” defence is applicable in weapons offence cases where an accused genuinely believed in a set of circumstances that, if true, would make their actions lawful. This defence is meant for situations where you honestly and reasonably believed something that would have made your actions legal.

For instance, you might purchase or possess a firearm under the belief that it is categorized as non-restricted, when in fact, it is a restricted or prohibited weapon. It is crucial for the mistake to be reasonable under the circumstances, meaning that an average person, equipped with the same knowledge and in the same situation, would likely have made the same error. The defence is not applicable if you were willfully or recklessly blind toward the legal obligations pertaining to weapon possession.

Charter rights violations can be used as a defence against weapons offences by arguing that the prosecution’s actions, such as searches, seizures, detentions, or trials, were unreasonable, arbitrary, or discriminatory. The specific Charter section invoked will depend on the circumstances of the case and the alleged violation. For example, if a weapon is found during a search conducted without a valid warrant or without the necessary exigent circumstances to justify a warrantless search, the evidence obtained could potentially be excluded under Section 24(2) of the Charter, which aims to prevent abuses of power and maintain the integrity of the legal system.

Additionally, if an accused was not provided an opportunity to speak to a lawyer immediately after arrest, or if they were interrogated without being informed of their right to remain silent, these could also be grounds for challenging the admissibility of any statements or evidence gathered as a result.

The consequences of a weapons offence conviction in Canada are severe and can have long-lasting effects on an individual’s freedom, reputation, and future. Understanding the penalties associated with various weapons offences is crucial for anyone facing charges. 

Facing weapons charges is stressful and confusing. You don’t have to go through it alone.  An experienced criminal defence lawyer can make all the difference in understanding the law, protecting your rights, and building the strongest possible case. 

At Wiebe Criminal Defence, we offer comprehensive legal representation tailored to the specifics of your case. We are committed to achieving the best possible outcomes for our clients. Our lawyers work closely with clients, offering transparent communication and thorough guidance at every step, ensuring you are well-informed and prepared for all aspects of the legal proceedings.