What is a Weapon?

The Criminal Code defines a weapon broadly. It includes anything that is used, designed, or intended to be used to cause death or injury, or to threaten or intimidate another person. This can be a traditional weapon like a firearm or knife, but also everyday objects used as weapons—such as a flashlight—if used to threaten or harm.

Weapons include restricted, non-restricted, prohibited, and exempt firearms, but do not include prohibited devices or ammunition. 

This offence applies even if the weapon is not actually used unlawfully but is possessed in circumstances that reasonably cause concern or fear.

Examples can include carrying knives, firearms, switchblades, brass knuckles, or other items in prohibited places or contexts.

To secure a conviction, the Crown must prove beyond a reasonable doubt that:

• The accused possessed or controlled the weapon, and

• The weapon was dangerous, or was possessed in a way that caused reasonable apprehension of harm.

This offence is hybrid, meaning the Crown can proceed either by summary conviction or by indictment. If proceeded summarily, the maximum penalty is two years less a day in jail and/or a fine up to $5,000. If proceeded by indictment, the penalty can be up to ten years in prison.

Possible defences include lawful possession (for example, possession for work-related or lawful purposes), lack of knowledge of possession, or that the item did not legally qualify as a dangerous weapon.

Because the definition and scope of weapons can be broad and complex, and the penalties are serious, early legal advice is essential for anyone charged with possession of a dangerous weapon.