In Alberta, as in the rest of Canada, the legal definition of a weapon, under the Criminal Code of Canada, is broad and can encompass more than just firearms, knives, swords, or brass knuckles. This broad definition often leads to confusion when people are charged with weapons offenses such as possession of a weapon, possession of a concealed weapon, or assault with a weapon. The confusion arises when the alleged weapon is an everyday object, like a vehicle, rather than a traditionally recognized weapon, such as a gun, switchblade knife, or brass knuckles.
Here’s a closer look at what constitutes a weapon under Canadian law, and why it matters.
Legal Definition of a Weapon in Canada
Under Section 2 of the Criminal Code of Canada, a “weapon” is defined as:
Any thing used, designed to be used or intended for use
- (a) in causing death or injury to any person, or
- (b) for the purpose of threatening or intimidating any person
and, without restricting the generality of the foregoing, includes a firearm and, for the purposes of sections 88 (possession of a weapon for a purpose dangerous to the public), 267 (assault with a weapon), and 272 (sexual assault with a weapon), any thing used, designed to be used or intended for use in binding or tying up a person against their will.
This includes a wide variety of items, ranging from conventional weapons like guns and knives to everyday objects that can be used as weapons in specific circumstances, such as a baseball bat or even a vehicle.
What Does “intended for use” Mean?
A critical part of the legal definition is the phrase “intended for use.” This means that an item can still be considered a weapon even if it’s not actually used to cause injury or death to anyone, as long as there is evidence that the object was intended to threaten or intimidate another person. For example, if someone is caught carrying a baseball bat to a fight with another person, that bat could be classified as a weapon, even if it wasn’t swung or used in the confrontation. Of course, it may be difficult to prove what the individual’s intention was with the baseball bat based on the circumstances.
Experienced weapon lawyers, such as the lawyers at Davidson Gregory, can help you navigate the complexities of weapons charges and how to protect your rights before or after you have been charged with a weapons offence.
Types of Weapons
The definition of a weapon can be broken down into several categories:
- Firearms:
a) Firearms are one of the most commonly recognized types of weapons. Under Canadian law, firearms include both restricted and non-restricted categories, as well as prohibited firearms.
b) A firearm is defined under section 2 of the Criminal Code of Canada and means:“A barrelled weapon from which any shot, bullet or other projectile can be discharged and that is capable of causing serious bodily injury or death to a person, and includes any frame or receiver of such a barrelled weapon and anything that can be adapted for use as a firearm.”c) Firearms are also regulated under the Firearms Act and must be licensed and registered (with exceptions for certain non-restricted firearms).
d) Under Canadian law, it is illegal to possess a firearm without a valid license, and using a firearm to commit a crime is a serious offense with severe penalties. - Bladed Weapons:
a) Knives, swords, and other sharp objects that can be used to cause injury or death can be classified as weapons.
b) Even everyday items like kitchen knives or scissors can be considered weapons if they are used to threaten or harm someone. - Blunt Objects:
a) Objects such as baseball bats, pipes, or even heavy tools can be considered weapons if they are used to assault or threaten someone. - Imitation Weapons:
a) An imitation weapon is an object that closely resembles a firearm or another weapon and is intended to be used or used to threaten or intimate another person.
b) For example, a realistic-looking toy gun used in an armed robbery can be considered a weapon under Canadian law. - Explosives and Chemical Weapons:
a) Items such as bombs, grenades, or even substances like pepper spray may be treated as weapons under Canadian law. - Other Objects:
a) In addition to traditional weapons, almost anything can be considered a weapon if it is used to inflict harm or threaten another person. This could include things like vehicles, clubs, bricks, or even personal items
Possession of a Weapon
It is also important to understand that simply possessing a weapon can lead to criminal charges, but the Crown still must prove beyond a reasonable doubt that the object you possessed is a weapon. For example, an individual caught with what they believe to be a gun, may not actually possess a gun and therefore not possess a weapon. Remember the definition of firearm in the Criminal Code automatically includes firearms as weapons (the definition of “firearms” automatically makes them a weapon since they are designed to cause serious bodily injury or death to a person).
Although it may seem obvious to the person that they were carrying a firearm, the Crown must prove beyond a reasonable doubt the object they possessed is a firearm because the object can discharge a shot, projectile, or bullet and that this shot, bullet, or projectile can cause serious bodily harm or death (Remember, the definition of a firearm and what is required for an object to be classified as a firearm).
As you can see, proving an object is a weapon in criminal court is a complex issue, even when it seems obvious the object is a weapon such as a firearm. This is why it is important to retain an experienced weapons defense lawyer like the lawyers at Davidson Gregory to navigate the complexities of and fight weapons offences.
What If I’m Charged with Possessing a Weapon?
If you are charged with possession of a weapon or using a weapon to commit a crime, it’s crucial to seek legal counsel as soon as possible. A conviction can result in serious consequences, including imprisonment, fines, or a permanent criminal record. A weapons offense conviction can also result in serious consequences on your ability to own and possess firearms. The experienced weapon and firearm defense lawyers at Davidson Gregory will help you understand your rights and build a defense strategy tailored to your case.
The definition of a weapon in Alberta and Canada is broad and covers many items that you may not immediately think of as a weapon. Whether it’s a firearm, a knife, or something as simple as a rock, the law can classify many objects as weapons, depending on how they are used, designed to be used, or intended to be used.
By staying informed about the definition of a weapon and how it can affect criminal charges, you can better protect your legal rights and ensure that you’re prepared for whatever situation arises. At our law firm, we are committed to providing expert criminal defense services to clients across Alberta (including Fort McMurray, Edmonton, Calgary, Grande Prairie, Red Deer, St. Albert, and southern Alberta), British Columbia, and Saskatchewan.
If you’re facing charges related to weapons or need legal advice, don’t hesitate to contact the criminal lawyers at Davidson Gregory to get started on your case today.
