Gun Found in a Car: Occupant Charges Under Section 94

The short answer

Section 94 of the Criminal Code makes it an offence to be an occupant of a vehicle when you know it contains a firearm or certain other weapons, unless someone in the vehicle is properly licensed. You do not have to own the firearm or touch it to be charged. However, the Crown must prove that you knew the firearm was there. In many cases, knowledge is the main issue, and it can be difficult for the Crown to prove when several people were in the vehicle. See our firearms charges page for an overview.

What the Crown must prove

Exceptions in the law

• A licensed occupant: You or someone else in the car had every required licence, authorization and registration.
• Reasonable belief: You had reasonable grounds to believe that another occupant was authorized.
• Leaving the car: Once you learned about the firearm, you left or tried to leave the vehicle as soon as it was possible (s. 94(3)).

Common situations in Peel

• Police stop a car for a traffic violation and find a firearm hidden under one of the seats.
• A group of friends share one car, and a firearm is later found inside someone's bag.
• A person accepts a ride from someone they did not know well, and police later search the car.

For example, a back-seat passenger who did not know a handgun was in the glovebox has a very different case from someone who was handed the gun during the drive.

How the Crown tries to prove knowledge

The Crown often relies on where the firearm was found compared with where each person was sitting, whether it was in plain view, who owned or rented the car, and how long each person had been inside. The Crown may also rely on fingerprints, DNA, phone messages and anything people said to police. None of these factors decides the issue alone, and the Crown must prove knowledge for each occupant separately.

What happens after you are charged

1. Arrest: Everyone in the vehicle may be arrested, even if police do not yet know who the firearm belongs to.
2. Bail: Section 94 is not a reverse onus offence, but other charges laid at the same time may be.
3. Disclosure: The Crown provides police notes, photographs of the vehicle, forensic reports and any video.
4. Resolution or trial: Charges are often withdrawn against some occupants once the evidence is reviewed.

Possible defences

• No knowledge: You did not know that the firearm was anywhere in the vehicle when you were inside it.
• An exception applies: A licensed occupant, a reasonable belief or an attempt to leave covers your situation.
• Unlawful stop or search: Evidence may be excluded under the Charter.
• Statements and right to counsel: What you said may be excluded if your rights were not respected.

Penalties and bail

• By indictment: The maximum is 10 years in jail.
• By summary conviction: Lower maximum penalties apply when the Crown chooses to proceed summarily.
• Minimum: There is no minimum sentence, so the judge can consider the full range of sentencing options.

A court can impose a discretionary weapons prohibition under s. 110. Other firearm charges are often laid at the same time, and some of them carry a reverse onus at bail. See firearms charges and bail.

Possible outcomes

Effects beyond the sentence

Because s. 94 carries a maximum of 10 years, a conviction can make a permanent resident inadmissible for serious criminality. It can also affect employment and travel to the United States.

What to do if you are charged after a traffic stop

• Do not explain to police whose gun it was, because statements can be used against you or others.
• Ask to speak to a lawyer, and use that right before answering questions.
• Write down the details of the stop as soon as you can, including where everyone was sitting.
• Do not discuss the case with the other occupants.

Rideshare, taxi and borrowed vehicles

People are sometimes charged after riding in a rideshare vehicle, a taxi or a car borrowed from a friend. In these situations, the person charged may have had no reason to know what was inside the vehicle before getting in. Evidence such as booking records, messages arranging the ride and the length of the trip can help show that a passenger did not know about a firearm that was hidden in the vehicle.

Statements made by other occupants

When police find a firearm, other occupants sometimes make statements that point to someone else. A statement made by one accused person to police generally cannot be used as evidence against a different accused person at trial. However, these statements can still shape the investigation and the charges that are laid, which is another reason to get legal advice before speaking to police.

Why passengers are often charged

When police find a firearm in a vehicle and no one admits to owning it, more than one person in the vehicle may be charged. A person can only be convicted if the Crown proves that they knew about the firearm and had some control over it. The evidence of knowledge can be different for each person, so a careful review of the evidence against each occupant is essential.

How we can help

We can review the stop and search, test the evidence of knowledge and look at every exception. Call (647) 223-1980 for a free consultation.

Frequently asked questions