In Canada, firearms ownership is governed by the Criminal Code, the Firearms Act and its regulations. This is a strict regulation and its non-compliance can lead to serious consequences, up to and including imprisonment. It is therefore essential to understand what constitutes a firearms possession offence.
Elements of the infringement
In order to demonstrate that a person was in unauthorized possession of a firearm, three essential elements must be established beyond a reasonable doubt :
- She was in possession of a firearm;
- The firearm in question meets the definition in section 2 of the Criminal Code;
- She did not have a licence to possess a firearm.
The concept of possession
According to section 4(3) of the Criminal Code, there are three ways to be considered in possession of a firearm:
- Personal possession: To find personal possession, it must be shown that the person knew that he or she was personally handling or had a firearm in his or her custody.
- Imputed possession: A person will be charged with imputed possession of a firearm if, for example, they ask a friend to keep the firearm or hide it in a place for use or for another person to use.
- Common possession : If you have an unauthorized firearm in your possession and one or more other persons know and consent to your retention in custody of that firearm, you and all such persons will be considered to be in common possession of the firearm.
Regardless of the type of possession, it is always essential to establish that the person in possession of the firearm also has knowledge and control of it. It is not enough to simply show that she is in possession of the weapon. The accused person must know that he or she has physical custody of a firearm, that he or she knows its particular nature and that he or she exercises a minimum of control over it.
Under sections 91 and 92 of the Criminal Code, there are two categories of possession of a firearm:
- Unauthorized simple possession: If you have not noticed that your firearms licence or restricted firearm registration certificate has expired and you are using this weapon, you may be charged with simple possession. An individual who commits this offence will be guilty of an indictable offence with imprisonment for a term not exceeding five years or an offence punishable on summary conviction.
- Deliberate possession: If you knew you did not have the required licences or registration certificates and still decided to use your firearm, you could be charged with deliberate possession. This type of possession has stricter consequences given the requirement that the act be done deliberately. A person who commits this offence will be guilty of an indictable offence that can result in imprisonment for up to ten years.
The definition of firearm
A firearm is defined in section 2 of the Criminal Code. There are two main elements to this definition:
- Weapon design: it must have a barrel that can fire projectiles.
- Consequences of the use of the weapon: the speed of expulsion of the projectiles must be likely to cause serious bodily harm or death.
This definition includes not only weapons, but also any object that can be modified and that would include the two elements mentioned above.
In Canada, there are three classes of firearms: prohibited, non-restricted and restricted.
The Firearms Act lists the prohibited firearms that a person may acquire with a Possession and Acquisition Licence and under what circumstances firearms in this category may be obtained. With respect to non-restricted firearms, we are talking about the majority of long guns, such as rifles, with a few exceptions. Finally, it is possible to obtain a possession or acquisition licence for a restricted firearm, in particular to participate in a shooting competition, for a collection of firearms or for legal professional purposes.
Licensing requirements
By law, a person who wishes to possess a firearm must hold a valid Possession and Acquisition Licence, possession being illegal without it. It is also necessary to have completed a firearms safety course to obtain such a licence.
If you are unsure of the procedure to obtain a firearms licence or complete the course, the RCMP website lists the steps to follow and directs you to the relevant forms.
If you own a firearm, make sure your licences are valid and that you comply with the relevant legislation.