Canadian Criminal Law/Offences/Carrying a Concealed Weapon

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Carrying a Concealed Weapon
s. 90 of the Crim. Code
Election / Plea
Crown Election Hybrid
Jurisdiction Prov. Court
SC Judge + PI (I)
SC Jury + PI (I) (536(2))
Summary Dispositions
Avail. Disp. Discharge (730)

Suspended Sentence (731(1)(a))
Fine (734)
Fine + Probation (731(1)(b))
Jail (718.3, 787)
Jail + Probation (731(1)(b))
Jail + Fine (734)

Conditional Sentence (742.1)
Maximum 6 months jail or $5,000 fine
Indictable Dispositions
Avail. Disp. same as summary
Maximum 5 years
References
Offence Elements
Sentence Principles
Sentence Digests


Legislation[edit]

Carrying concealed weapon
90. (1) Every person commits an offence who carries a weapon, a prohibited device or any prohibited ammunition concealed, unless the person is authorized under the Firearms Act to carry it concealed.

CCC

Proof of Offence[edit]

In addition to the essential elements of jurisdiction, time and identity, the crown should prove the following:

  1. the accused was in Possession of an item
  2. the item is a weapon as defined in s. 2, prohibited device or prohibited ammunition
  3. the accused knew the item was a weapon, prohibited device or prohibited ammunition
  4. the item was concealed by the accused
  5. the accused intended to conceal the item

Interpretation[edit]

Concealed
It must be proved that the accused hid the object so that it would not be detected, and that he knew the object to be a weapon.

Storing a firearm in the trunk of a motor vehicle is not considered concealing. [1]

  1. R. v. Felawka, [1993] 4 S.C.R. 199 1993 CanLII 36