Armed Robbery and Robbery With a Firearm in Canada

The short answer

Armed robbery means stealing from someone while armed with an offensive weapon or an imitation of one, under s. 343(d) of the Criminal Code. You do not have to use the weapon, because being armed is enough. The maximum sentence is life, and some firearm cases carry a minimum of 5 years. These cases often depend on two questions: whether you were really the person involved, and whether you were actually armed.

What counts as being "armed"

• A real weapon: This includes a knife, a bat, a firearm or any object used or intended to be used as a weapon.
• An imitation: A replica gun or a BB gun used to threaten someone can be enough.
• Carrying it: You can be "armed" even if the weapon was never shown or used.

For example, a person who robs a store with a knife in their pocket and never takes it out can still be charged with armed robbery.

What the Crown must prove

Penalties

Restricted or prohibited firearm, or any firearm for a criminal organization

• Maximum: The maximum sentence is life.
• Minimum: The minimum is 5 years for a first offence and 7 years for a later offence.

Other firearms, knives and other weapons

• Maximum: The maximum sentence is life.
• Minimum: There is no minimum sentence, although jail is common.

Earlier convictions for certain firearm offences count toward the 7-year minimum, unless 10 years have passed, not counting time in custody (s. 344(2)).

Bill C-16, passed in June 2026, allows judges to go below a mandatory minimum in rare cases where the minimum would be grossly disproportionate.

A discharge is not available for any robbery, because the maximum sentence is life.

What happens after you are charged

1. Bail hearing: Most people charged with armed robbery are held for a bail hearing, and robbery with a firearm carries a reverse onus.
2. Disclosure: The Crown provides video, witness statements, any weapon or imitation seized, and phone records.
3. Your election: Robbery is an indictable offence only. You can choose a trial by judge alone or by judge and jury, and you can ask for a preliminary inquiry (s. 535).
4. Resolution or trial: Some cases resolve through a plea to a lesser offence, while others go to trial on identification or on whether you were armed.

Bail

Robbery with a firearm is a reverse onus offence under s. 515(6)(a)(vii). This means you must show the court why you should be released. Since July 15, 2026, you must also clearly demonstrate that your release plan deals with the risks you pose, and the court does not have to start with the least restrictive form of release (s. 515(2.04)). A strong plan usually includes a responsible surety, a stable address, a curfew or house arrest and no weapons. See our reverse onus guide.

Related charges often laid with armed robbery

• Using an imitation firearm (s. 85): This is usually not laid for a real firearm in a robbery, but it can apply to an imitation, with a sentence served on top of the robbery sentence. See pointing or using a firearm.
• Possession of a weapon for a dangerous purpose (s. 88): This is often laid where a weapon was carried. See weapon possession.
• Disguise with intent: This may be laid for wearing a mask to commit an indictable offence.
• Firearm possession charges: These may be laid where a real firearm was involved. See our firearms charges page.

Disguises and masks

Wearing a mask or disguise to commit an indictable offence is a separate charge, and it is often laid together with armed robbery. However, a mask can also make identification much harder for the Crown to prove, because witnesses may have seen only the person's eyes, build or clothing.

Possible defences

• Identification: Masks, hoods and brief sightings make it harder to prove that you were the person involved.
• No weapon: The evidence does not show that you were armed at the time.
• Not a weapon: The object was not used, or meant to be used, as a weapon.
• Charter issues: Police may have breached your rights during a search, detention or questioning.

Effects beyond the sentence

Because robbery carries a maximum of life, a conviction can make a permanent resident inadmissible for serious criminality. Robbery is also a primary designated offence for DNA purposes, so a DNA order is required after a conviction. A weapons prohibition is usually ordered as well, and a conviction can lead to being refused entry to the United States.

Possible outcomes

What to do now

• Do not give a statement to police before you receive legal advice.
• Do not contact the complainant or any witness, directly or through others.
• Keep evidence that shows where you were, such as receipts, messages and location data.
• If you are held, start lining up a surety and a release plan right away.

How we can help

We can review the identification and weapon evidence and prepare for a reverse onus bail hearing. Call (647) 223-1980 for a free consultation. We accept Legal Aid Ontario certificates.

Frequently asked questions