Firearm Offences and Penalties in Ontario

In Ontario, firearm offences are treated with the utmost severity due to the potential threat to public safety. Canada has strict laws governing the use, possession, and distribution of firearms, and the consequences for violating these laws can be life-altering. The Criminal Code of Canada and the Firearms Act outline various firearm offences, each with its own set of penalties, which can include imprisonment, fines, and probation.

This detailed guide will cover the different types of firearm offences in Ontario, the potential penalties for these offences, and what to expect if you are facing firearm-related charges. Understanding the legal framework for firearms in Ontario is essential, whether you are a firearm owner or someone involved in a criminal case.

Firearm Legislation in Canada

Canadian law tightly regulates firearms through the Firearms Act and specific provisions in the Criminal Code. All firearm owners must be properly licensed, and certain types of firearms are restricted or prohibited. Under Canadian law, firearms are classified into three main categories:

1. Non-Restricted Firearms: Generally includes shotguns and rifles.
2. Restricted Firearms: Includes certain handguns, as well as rifles and shotguns with shorter barrels.
3. Prohibited Firearms: Includes automatic firearms, sawed-off shotguns, and handguns with specific characteristics.

Possession and use of firearms in Canada require appropriate licensing and, in the case of restricted and prohibited firearms, registration. Unauthorized possession or misuse of any firearm can lead to serious criminal charges.

Types of Firearm Offences in Ontario

There are several firearm offences outlined in the Criminal Code that individuals can be charged with in Ontario. The penalties for these offences vary depending on the circumstances of the case, including the type of firearm and the offender’s intent.

1. Unauthorized Possession of a Firearm
   • Description: It is illegal to possess a firearm without a valid license or registration certificate. This offence applies to individuals who have firearms without having completed the required firearm safety course or obtained a license from the RCMP.
   • Penalties: Unauthorized possession is a hybrid offence, meaning it can be prosecuted as either a summary conviction or indictable offence. Penalties can range from fines and probation to imprisonment, depending on the firearm type and other circumstances.
2. Possession of a Restricted or Prohibited Firearm
   • Description: Possessing restricted or prohibited firearms without proper authorization, such as a Possession and Acquisition License (PAL) and a registration certificate, is illegal. Restricted and prohibited firearms require additional permissions, and owning them without proper documentation is a serious offence.
   • Penalties: Possession of a restricted or prohibited firearm without a license can lead to up to 10 years in prison if prosecuted as an indictable offence. Summary convictions may lead to lighter penalties.
3. Carrying a Concealed Weapon
   • Description: Carrying a concealed weapon, including a firearm, is illegal without authorization. Concealment adds an element of danger, as concealed firearms pose a significant threat to public safety.
   • Penalties: Carrying a concealed weapon is an indictable offence, with penalties of up to 5 years in prison.
4. Unauthorized Possession in a Motor Vehicle
   • Description: Possessing a firearm in a motor vehicle without authorization or proper storage measures is illegal. This law is in place to prevent firearms from being easily accessible during transportation.
   • Penalties: This offence can lead to imprisonment and additional penalties, particularly if the firearm is loaded or accessible within the vehicle.
5. Pointing a Firearm
   • Description: Pointing a firearm at another person, whether or not the firearm is loaded, is a criminal offence in Canada. This act is considered dangerous and a significant threat to public safety.
   • Penalties: Pointing a firearm is an indictable offence, punishable by up to 14 years in prison.
6. Use of a Firearm in the Commission of an Offence
   • Description: Using a firearm during the commission of an offence, such as robbery or assault, is considered an aggravating factor that leads to harsher penalties.
   • Penalties: Using a firearm in the commission of an offence carries a mandatory minimum sentence of 1 to 5 years for the first offence, with longer sentences for subsequent offences.
7. Careless Storage of a Firearm
   • Description: Firearm owners are legally required to store their firearms securely. Failing to store firearms safely is a criminal offence under Canadian law.
   • Penalties: Careless storage is a hybrid offence, with penalties ranging from fines and probation for summary convictions to imprisonment for indictable offences.
8. Trafficking in Firearms
   • Description: The illegal sale, distribution, or trafficking of firearms is one of the most serious firearm offences. This offence involves transferring firearms without authorization or licensing.
   • Penalties: Trafficking in firearms is an indictable offence with penalties of up to 14 years in prison. Mandatory minimum sentences apply in certain cases, particularly if the trafficking involves restricted or prohibited firearms.
9. Possession of a Firearm with a Tampered Serial Number
   • Description: It is illegal to possess a firearm with a tampered or removed serial number, as it indicates an attempt to obscure the origin of the firearm.
   • Penalties: This offence carries a maximum sentence of 10 years in prison.

Mandatory Minimum Sentences for Firearm Offences

In Canada, certain firearm offences carry mandatory minimum sentences. These minimums apply to offences that involve a heightened risk to public safety or criminal behaviour involving firearms. Some examples include:

• Use of a firearm in the commission of an offence: Minimum 1-year imprisonment for the first offence.
• Robbery with a firearm: Minimum 4-year imprisonment.
• Discharging a firearm with intent: Minimum 4-year imprisonment.

The existence of mandatory minimums means that judges cannot exercise discretion to impose lighter penalties in certain cases, which underscores the severity with which firearm offences are viewed in Ontario.

Factors Affecting Sentencing in Firearm Offences

The penalties for firearm offences can vary widely based on several factors, including:

• Criminal History: Individuals with prior convictions, especially for firearm-related offences, may face longer sentences.
• Aggravating Circumstances: Factors such as the use of a firearm near schools, involving minors, or in public places can lead to harsher penalties.
• Type of Firearm: The nature of the firearm involved (non-restricted, restricted, or prohibited) affects the severity of the offence and potential penalties.
• Intent and Harm Caused: If the firearm was used to threaten or harm others, it can result in a more severe sentence.

Defences Against Firearm Offences

If you’re facing firearm charges, it’s essential to understand that there are possible defences available. Your lawyer will work with you to determine the best defence based on the specifics of your case. Some common defences include:

1. Lack of Knowledge
   • If the accused was unaware of the firearm’s presence or ownership, they may argue lack of knowledge. For example, if a firearm was left in the accused’s vehicle or residence without their knowledge, this defence could apply.
2. Charter Violations
   • If law enforcement violated any rights under the Canadian Charter of Rights and Freedoms during the arrest or search, evidence may be inadmissible. For example, if the police conducted an unlawful search without a warrant, your lawyer may argue for the evidence to be excluded.
3. Mistaken Identity
   • If there is uncertainty regarding the identity of the individual in possession of the firearm, this defence may be valid. For instance, in cases where multiple individuals have access to a location where the firearm was found, mistaken identity may be raised.
4. Improper Storage Allegations
   • For charges related to improper or careless storage, the accused may argue that they took reasonable steps to store the firearm safely. Evidence of secure storage practices, such as locked cases, may support this defence.
5. Self-Defence or Necessity
   • In rare cases, individuals may argue that they possessed or used a firearm out of necessity or self-defence. This defence requires proving that the accused had a genuine belief that their life was in immediate danger.

How Firearm Charges Impact Your Future

A conviction for firearm offences can have significant and lasting consequences, affecting various aspects of your life, including:

• Employment: A criminal record, particularly for firearm offences, can limit employment opportunities, especially in fields that require background checks.
• Travel: Certain convictions can impact international travel, with countries like the United States denying entry to individuals with firearm-related criminal records.
• Right to Possess Firearms: A conviction for firearm offences may result in a prohibition order, preventing the accused from possessing firearms in the future.
• Social and Family Impact: Firearm charges can impact personal relationships, family dynamics, and the accused’s standing in the community.

How De Boyrie Law Can Help

At De Boyrie Law, we understand the complexity and severity of firearm offences in Ontario. Our experienced criminal defence team is dedicated to helping clients understand their legal options, build a strong defence, and achieve the best possible outcome. We will work tirelessly to protect your rights and guide you through each step of the legal process.

Schedule a Free Consultation with De Boyrie Law

If you are facing firearm charges in Ontario, contact De Boyrie Law today to schedule a free, confidential consultation. We’ll review your case, explain your legal options, and help you navigate the legal system.