Possession of a Weapon for Dangerous Purposes

Possession of a weapon for dangerous purposes is a serious criminal offence under Canadian law. While many people legally own knives, tools, or other objects that could be classified as weapons, it becomes a crime when those items are possessed with the intent to use them to harm, intimidate, or threaten another person. Even without actual violence or injury, the intent behind possessing the object can lead to criminal charges. Understanding how this offence is defined, prosecuted, and defended is crucial for anyone facing such allegations.

The Law: Section 88 of the Criminal Code of Canada

The charge of possession of a weapon for a dangerous purpose is outlined under section 88(1) of the Criminal Code of Canada, which states:

“Every person commits an offence who carries or possesses a weapon, an imitation of a weapon, a prohibited device, or any ammunition or prohibited ammunition for a purpose dangerous to the public peace or for the purpose of committing an offence.”

This means the offence is not about simply owning or carrying a weapon—it’s about why you possess it. If the Crown can prove that the weapon was intended for use in a threatening or violent way, a conviction can follow, even if it was never actually used.

What Qualifies as a “Weapon”?

The Criminal Code defines a weapon broadly as any object used, designed, or intended to cause death or injury, or to threaten or intimidate another person.

Examples include:

• Firearms (loaded or unloaded)

• Knives, machetes, or switchblades

• Baseball bats, crowbars, or blunt objects

• Tools such as hammers or wrenches when used as weapons

• Pepper spray or bear spray (illegal if used for self-defence against people)

• Even everyday items—like bottles or belts—if intended for harm

An important aspect of this law is that the object’s ordinary purpose is irrelevant. What matters is whether it was possessed for a dangerous purpose.

The Key Element: Intent

Intent is the core of this offence. The Crown must prove that the accused intended to use the weapon in a way that endangered public peace or committed another offence.

For instance, possessing a knife for work as a chef or tradesperson is lawful. However, carrying that same knife during an altercation, or while intending to intimidate someone, can be deemed possession for a dangerous purpose.

Intent can be inferred from circumstances such as:

• Statements made to others.

• The location and context of the possession.

• Behaviour suggesting aggression or preparation for violence.

• The way the weapon was concealed or displayed.

Without evidence of intent, the Crown cannot secure a conviction.

Penalties for Possession of a Weapon for Dangerous Purposes

Section 88 is a hybrid offence, meaning the Crown can proceed either by summary conviction or indictment depending on the seriousness of the case and the individual’s criminal history.

• Summary conviction: Up to two years less a day in jail and/or a fine.

• Indictable conviction: Up to ten years in prison.

Additional consequences include:

• A permanent criminal record.

• Firearms prohibition orders, restricting ownership of any weapons.

• DNA orders and inclusion in the national database.

• Difficulty finding employment, especially in professions requiring background checks.

Even if no physical harm occurred, the potential penalties are significant, reflecting the preventive purpose of this law.

Common Situations Leading to Charges

Many possession of weapon for dangerous purpose charges arise from misunderstandings, arguments, or impulsive actions rather than planned violence. Examples include:

• Carrying a knife “for protection” in public.

• Displaying or brandishing an object during a heated argument.

• Being found with a weapon while intoxicated or involved in a dispute.

• Having an imitation firearm that causes fear in others.

• Possessing bear spray or other prohibited sprays in an urban setting.

Police and prosecutors treat these cases seriously, especially when the alleged conduct occurs in public places, near schools, or in the context of domestic disputes.

How the Crown Proves the Offence

To convict someone under section 88, the Crown must prove beyond a reasonable doubt that:

1. The accused possessed or carried a weapon, imitation weapon, or prohibited device.

2. The possession was voluntary and knowing.

3. The purpose of possession was dangerous to the public peace or to commit an offence.

Proving “purpose” can be challenging. The Crown often relies on circumstantial evidence such as witness statements, surveillance, or context to show the accused’s intent.

Common Defences to Possession of a Weapon for Dangerous Purposes

A successful defence strategy focuses on disproving intent, challenging police conduct, or questioning the classification of the object as a weapon.

Lack of intent: If the accused did not intend to use the object in a harmful way, the charge cannot stand. For example, carrying a knife for work, camping, or self-protection against wildlife is lawful.

No weapon under the law: Some objects may not meet the legal definition of a weapon if there was no intent to use them as such.

Unlawful search or seizure: If police discovered the weapon through an illegal search or violated Charter rights, a defence lawyer can seek to have the evidence excluded.

Self-defence or lawful purpose: In certain cases, carrying an object to protect against immediate danger may fall within the legal boundaries of self-defence, provided it was reasonable and proportionate.

Mistaken identity: If multiple individuals were involved or the weapon’s ownership is unclear, the Crown must prove who actually possessed it.

The Role of a Criminal Defence Lawyer

A skilled criminal lawyer plays a crucial role in navigating section 88 charges. They can:

• Review disclosure to identify weaknesses in the Crown’s case.

• Analyze police conduct for possible Charter violations.

• Negotiate with the Crown for reduced charges or alternative resolutions such as a peace bond.

• Advocate for the dismissal of charges or a non-custodial outcome at trial.

Early legal representation can make the difference between conviction and acquittal, especially in cases based on circumstantial or ambiguous evidence.

The Importance of Early Legal Advice

If you are under investigation or have been charged with possession of a weapon for dangerous purposes, it is vital to seek legal advice immediately. Do not attempt to explain your actions to police without a lawyer present. Anything you say can be used to establish intent, even if you meant no harm.

An experienced lawyer can help protect your rights, communicate with the Crown, and guide you through the criminal process to achieve the best possible outcome.

Contact De Boyrie Law

Possession of a weapon for a dangerous purpose is a serious allegation that can impact every part of your life. De Boyrie Law provides experienced, strategic defence representation for clients facing weapons-related offences across Toronto and Ontario. Our firm is dedicated to protecting your rights and securing the best possible results in every case.

Contact us today to schedule a free, confidential consultation and discuss your options.