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Imagine a scenario in which an individual fires a gun into the air in a crowded room. The offence of intentionally discharging a firearm being reckless to the life or safety of another person (s. 244.2 of the Criminal Code) is a newer firearm offence that was...
As noted in a previous blog post, the Honourable David Lametti, Minister of Justice and Attorney General of Canada, introduced proposed amendments to the Criminal Code and to the Controlled Drugs and Substances Act. The purpose of the Bill is to decrease the...
In a previous blog we discussed offences that involve possession of firearms. One of those offences that has a unique element is possession of a loaded prohibited or restricted firearm (Section 95 of the Criminal Code). The Crown must prove that the accused:...
Police stop a vehicle. There is a driver and a passenger. On the back seat lies a 45 calibre handgun in plain sight. As was discussed in a previous blog, the Crown has to prove that an accused has both knowledge of and control over a firearm before a conviction can...
There are a number of offences in the Criminal Code that are based on being in the use a firearm. In a previous blog, we discussed the offence of carless use of a firearm. Other examples include: pointing a firearm at another person (s. 87 of the Criminal Code) and...
There are a number of offences in the Criminal Code that are based on being in possession of a firearm. Examples include: possession of a prohibited or restricted firearm without a licence (ss. 91 and 92 of the Criminal Code); possession of a loaded prohibited...
Whether it be a deliberate shot taken at a mistaken target during a hunting trip or an accidental discharge while handling a gun at home, your actions can lead to a criminal charge. The offence of careless use of a firearm can be found in subsection 86(1) of the...
Over the last few years, multiple mandatory minimum sentences have been challenged in courts across Canada. The federal government has also toyed with the idea of repealing a number of these sentences that came into force during the Conservative government. However,...
The Police aren't always eager to return firearms after a person has been convicted. A recent Ontario Court of Appeal decision highlights the difficulties an individual can face in getting his or her guns back after pleading guilty. Andrew Shia is an avid hunter. He...
