Possession of a Weapon for a Dangerous Purpose and Carrying a Concealed Weapon

The short answer

You can be charged for carrying a weapon even if no one was hurt or threatened. Two common charges are possession of a weapon for a dangerous purpose under s. 88, which carries up to 10 years, and carrying a concealed weapon under s. 90, which carries up to 5 years. Police often lay these charges along with assault with a weapon. Unlike assault with a weapon, however, they do not require an assault.

What counts as a weapon

A weapon is anything used, designed or intended to injure, kill, threaten or intimidate someone (s. 2). A kitchen knife, a bat or a tool can become a weapon depending on why you were carrying it and how you intended to use it. See what counts as a weapon.

Possession for a dangerous purpose (s. 88)

The Crown must prove two things:

1. Possession: You carried or possessed a weapon, imitation weapon, prohibited device or ammunition.
2. Purpose: Your purpose was dangerous to the public peace, or to commit an offence.

Purpose is usually inferred from the circumstances, including where you were, what you said, how you carried the item and what happened before police arrived. For example, a hammer in a toolbox in a work van is very different from a hammer tucked into a waistband outside a bar after an argument.

Carrying a concealed weapon (s. 90)

This offence covers carrying a weapon, prohibited device or prohibited ammunition hidden from view, unless you are authorized under the Firearms Act. The Crown usually has to show that you meant to hide it.

Carrying something "for protection"

Carrying a knife or spray for self-protection is not automatically legal, because the Crown may argue that carrying an item to use on other people is a purpose dangerous to the public peace.

Some items are prohibited weapons in themselves, such as switchblades and sprays designed for use on people. Possessing them is a separate offence, whatever the reason. See using an object in self-defence.

What happens after you are charged

1. Release: Most people charged with these offences are released by police with conditions, which usually include a ban on having any weapons.
2. Disclosure: The Crown provides the police notes, the item and any video.
3. Crown pre-trial: Your lawyer reviews the search and the evidence of purpose, and discusses whether the case can be withdrawn or resolved.
4. Resolution or trial: If it goes to trial, the Crown must prove possession and purpose.

The evidence in a typical case

These cases often begin with a police stop or search. The evidence usually includes the officer's notes, the item, photographs of where it was found and anything you said. Because purpose is inferred from the circumstances, details such as your job, where you were going and why you had the item can be very important.

Penalties

Possession for a dangerous purpose (s. 88)

• By indictment: The maximum is 10 years.
• By summary conviction: The maximum is 2 years less a day, a fine, or both.

Carrying a concealed weapon (s. 90)

• By indictment: The maximum is 5 years.
• By summary conviction: The maximum is 2 years less a day, a fine, or both.

Neither offence has a minimum sentence, so a discharge is possible. A weapons prohibition order may follow. See weapons prohibition orders.

Possible defences

• Innocent purpose: The item was a work tool or was being moved for a lawful reason.
• Not a weapon: There is no evidence it was used or intended for harm.
• Not concealed: For s. 90, the item was visible, or you did not mean to hide it.
• No possession: You did not know the item was there, for example in a shared car.
• Unlawful search: Evidence may be excluded under the Charter if police searched without proper grounds.

Possible outcomes

Effects beyond the sentence

Possession for a dangerous purpose carries a 10-year maximum, so a conviction can make a permanent resident inadmissible for serious criminality. Carrying a concealed weapon has a 5-year maximum, but a sentence of more than 6 months can still raise immigration concerns.

Common situations

• A knife or bat is found in a car during a traffic stop.
• Police search someone outside a bar or event after a disturbance.
• A person carries pepper spray or a similar item for protection.
• A tool is found on someone near the scene of an argument.

Searches and stops

Many weapon possession cases begin with a stop or search. Police need legal authority to search you or your car, such as a warrant, a lawful arrest or your consent. If police searched without proper grounds, the item may be excluded as evidence, which can end the case.

What to do now

• Write down where the item was, why you had it and what police said and did.
• Keep proof of any lawful reason for having the item, such as work records.
• Do not consent to further searches or answer questions before getting legal advice.

Items that are prohibited in themselves

Some items are prohibited weapons no matter why you carry them. Examples include gravity or spring-opening knives, brass knuckles, nunchaku, throwing stars and certain sprays designed for use on people. Possessing these items can lead to charges even if you never intended to use them, so it is important to know what you own and carry.

How we can help

We can review the circumstances of the search and the evidence of purpose, and look for a way to resolve the charge without a conviction. Call (647) 223-1980 for a free consultation.

Frequently asked questions