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What is the Penalty for Carrying a Concealed Weapon in Canada?

A conviction on a gun charge in Canada can lead to extremely serious legal penalties, including jail time, high monetary fines, and collateral consequences that affect every aspect of your life. However, in response to a concealed weapon charge, you may be eligible to raise one or more legal defences that could potentially result in a complete dismissal of your criminal charge – as well as your entire criminal case. If you are currently facing a concealed weapon charge in Canada, it is important that you receive the legal help that you need right away.

The experienced Alberta criminal defence lawyers at Alberta Legal can protect all of your legal rights while your criminal case is pending in the court system and advocate for you at all in-court legal proceedings. In addition to asserting a defence on your behalf at your criminal trial, we may be able to negotiate a favourable plea deal with the Crown prosecutor who is handling your case. If you ultimately incur a concealed weapons conviction, we could represent you at your sentencing hearing before a judge and pursue the lightest possible penalty on your behalf.

For case evaluation and legal consultation with an experienced criminal lawyer in Calgary, please call us at (587) 602-5878 or contact us online for more information. We do not accept every potential client that needs our help and so for that reason, the consultation is no commitment and free.

Can You Legally Conceal Carry in Canada?

In Canada, individuals are not allowed to own or carry a firearm to defend themselves against other individuals. A person could use a weapon to defend themselves if they face a threat (or force of a threat) that they reasonably believe another person might carry out against them. However, a person may not buy a weapon with the specific intention of using that weapon in a situation where there’s no reason or purpose to defend themselves. In general, an individual may not use a firearm to defend their property.

Concealed Weapon Charge in Canada

A concealed weapon charge in Canada is a very serious criminal offence which can result in equally serious penalties upon conviction. Pursuant to the Criminal Code of Canada, for a particular weapon to be a “concealed” weapon, the accused individual must have either hidden the weapon in such a way that another person would not have been able to detect it – and the individual must have been aware that the object was, in fact, a weapon.

In most situations, carrying a weapon means that the individual has the weapon directly on their person. However, a police officer could still criminally charge an individual when the weapon is in their immediate reach area over which they have immediate care and control. Therefore, if the weapon is located near the individual in a motor vehicle – and within their immediate reach area (such as on the seat beside them) – a police officer could still charge them criminally.

If you are currently facing a firearm charge in Alberta, our legal team can review the circumstances of your arrest with you and help you develop a plan of action to successfully defend against your pending criminal charge.

What is Considered a Concealed Weapon in Canada?

Several types of weapons and devices constitute concealed weapons in Canada. Just because a weapon is not a gun does not mean that it’s not a concealed weapon. Devices that may constitute a concealed weapon include:

• Pepper spray
• Machetes
• Nunchakus
• Brass knuckles
• Handguns
• Switchblades
• Knives
• Pellet guns

For one of these weapons to be a concealed weapon, the individual in possession of the weapon must hide it in such a way that others would not ordinarily notice or observe it. However, concealed a weapon does not include any of the following actions:

• Storing a firearm pursuant to provisions of the Firearms Act
• Carrying a weapon in a purse, backpack, or pocket – or on a beltline
• Storing a firearm in a motor vehicle trunk

What are the Potential Penalties upon Conviction for a Concealed Weapons Charge in Canada?

A criminal conviction for carrying a concealed weapon in Canada can lead to serious legal penalties and collateral consequences. Obviously, the best way to avoid these penalties and collateral consequences is to avoid a criminal conviction in the first place. In fact, when it comes to securing a criminal conviction against a defendant, the Crown prosecutor handling the case often fights an uphill battle.

In any criminal case in Alberta, the Crown prosecutor has the sole legal burden of proof.  A criminal defendant, on the other hand, does not have to prove anything in the case or even testify in court. The burden of proof is also very high for Crown prosecutors in criminal cases. If the Crown prosecutor fails to establish any of the underlying legal elements, they will not be able to secure a conviction against the defendant, and the defendant will not be subject to any legal penalties.

If the Crown prosecutor does obtain a conviction against the defendant in a criminal case, then a sentencing judge will be left to impose the various legal penalties according to the appropriate statutory provisions. When it comes to carrying a concealed weapon, the potential penalties upon conviction depend upon whether the Crown prosecutor proceeds summarily or by indictment.

If the prosecutor decides to proceed with the case summarily, then the defendant could receive up to two years (less one day) of imprisonment, a monetary fine of $5,000, or both upon conviction. However, if the prosecutor decides to proceed with the case via indictment, the defendant could receive up to five years in jail.

In addition to these potential legal penalties upon conviction, an individual may also face several collateral consequences that could affect numerous areas of their life. Potential collateral consequences of a concealed weapons conviction include:

• The inability to find a place to live, especially since landlords regularly perform extensive criminal background checks on prospective tenants
• Loss of scholarship funds or financial aid, if the defendant is a student at a college or university in Canada
• Denial of admission to a college, university, or other educational program
• Inability to find or keep a job – especially if a prospective employer or current employer performs a criminal background check and comes across the weapons conviction on the defendant’s record

If you ultimately sustain a conviction for carrying a concealed weapon in Canada, the knowledgeable and experienced Alberta criminal defence lawyers at Alberta Legal are here to help. We could represent you at all legal proceedings in your case, including your criminal sentencing hearing, and advocate for the lightest possible penalties on your behalf. We could do this by arguing your lack of a criminal record or by highlighting your ties to the community. At your sentencing hearing, we could also work to lessen the collateral consequences you may face upon conviction.

What are Some Common Defences to a Concealed Weapons Charge in Canada?

As the defendant in a criminal case, you do not need to satisfy any legal elements of proof. Instead, that duty rests with the Crown prosecutor who is handling your case. However, at trial, you or your lawyer may be able to raise one or more legal defences in response to your criminal gun charge. If a defence is successful, it may prevent the Crown prosecutor from satisfying their legal burden of proof, and your entire criminal case may be subject to a complete dismissal.

First, you may be able to allege that an arresting police officer violated one or more of your legal rights pursuant to the Canadian Charter of Rights and Freedoms. In some instances, arresting officers violate these rights intentionally. At other times, the violation may be inadvertent and occur within the scope of a police investigation.

Pursuant to the Charter, individuals have a right to be free of searches and seizures that are unreasonably intrusive. In many concealed weapons cases, police officers will seize a weapon from the defendant. However, if the officer seized the weapon without first obtaining a warrant – or without having adequate grounds for a warrant – the officer might have violated your Charter rights.

The skilled Alberta criminal defence lawyers at Alberta Legal could review the circumstances of your arrest with you and determine whether a police officer likely violated one or more of your Charter rights under the circumstances. If a police officer likely committed a violation, we could file a Notice of Motion to Exclude Evidence with the court on your behalf. If the court grants this motion, the Crown prosecutor would not be able to introduce certain evidence to satisfy their legal burden of proof in your criminal case.

Other common Charter violations that occur – and which may serve as a defence to your pending criminal gun charge – include:

• Engaging in treatment that is “cruel and unusual,” pursuant to Section 12 of the Charter
• Failing to inform you of the reason or reasons for your arrest or detention by a police officer
• Arbitrarily detaining you
• Violating general legal rights applicable to those facing criminal charges in Canada

In addition, as a defence to carrying a concealed weapon, you may be able to allege that you did not have the weapon in your direct possession. For example, if a police officer recovered a knife in the truck of a vehicle which you were operating – but which you did not own – you might be able to contend that you were completely unaware of the weapon’s presence in the vehicle. In addition, you may be able to assert that because the police officer recovered the weapon from the truck of your vehicle, you had no immediate control over it and could not have used it. If your lawyer asserts this legal defence on your behalf in court and a jury believes it, the Crown prosecutor handling your case may not be able to secure a conviction against you in your case.

Finally, you may be able to raise a lack of intent as a defence to your concealed weapons charge. For a Crown prosecutor to successfully prove your guilt, they must be able to show that you intended to conceal the weapon – or that the weapon’s concealment was premeditated. If the prosecutor is unable to establish this legal element, they will not be able to obtain a conviction against you, and you will not be subject to any legal penalties in your case.

If you are currently pending a criminal charge for carrying a concealed weapon, the experienced Alberta criminal defence lawyers at Alberta Legal could help you determine if you are eligible to raise one or more of these defences at trial. If you are eligible, we could raise the appropriate defence on your behalf and argue for a complete dismissal of your criminal weapons charge.

Contact an Experienced Criminal Defence Lawyer in Alberta Today

If you are currently facing criminal charges for carrying a concealed weapon in Canada, it is important that you seek out experienced legal counsel to represent you right away. A criminal defence lawyer needs to have sufficient time to review the available evidence in your case, speak with eyewitnesses to the occurrence, prepare a legal defence to assert in your case and prepare for your trial. Waiting too long to retain legal counsel may prevent a lawyer from being able to enter a timely appearance on your behalf. Moreover, if you show up to a court proceeding without having a lawyer present, the judge has no obligation to continue your trial date. Rather, the judge could make you go forward with your case immediately – and without having a lawyer present – which almost guarantees a less-than-favourable result in your case.

At Alberta Legal, our experienced team can thoroughly review the circumstances of your arrest with you and determine if you are eligible to raise one or more legal defences to your pending criminal charge. We could also represent you at your criminal trial, introduce appropriate evidence, raise legal defences to your criminal charge, and make convincing arguments on your behalf. Finally, we could help you negotiate a favorable plea deal with the Crown prosecutor handling your case, including a charge reduction or a period of probation in lieu of a criminal conviction. If you ultimately sustain a conviction, we could represent you at your sentencing hearing before a judge and argue for a fair penalty on your behalf.

For a free case evaluation and legal consultation with an experienced Alberta criminal defence lawyer, please call us at (587) 602-5878 or contact us online to learn more.