In Canada, being found in possession of a weapon doesn’t necessarily require you to use it—or even intend to use it. Under certain circumstances, simply possessing an object that could be used as a weapon can lead to a criminal charge, especially when there is suspicion that it was intended for harm. One of the most common charges in this area is possession of a weapon for a dangerous purpose.
Whether you’ve been charged, are under investigation, or want to understand how Canadian law treats this offence, this article provides a comprehensive overview of what the charge means, how it is proven in court, potential penalties, and possible defences.
What Does “Possession of a Weapon for a Dangerous Purpose” Mean?
The offence is outlined under Section 88 of the Criminal Code of Canada, which states:
Everyone commits an offence who carries or possesses a weapon, an imitation of a weapon, a prohibited device, or any ammunition for a purpose dangerous to the public peace or for the purpose of committing an offence.
This charge is less about the weapon itself and more about the intent behind having it. The focus is on whether the Crown can prove that the object was being carried or possessed for a dangerous purpose.
What Qualifies as a Weapon?
Under the Criminal Code, a weapon is defined broadly. It includes:
- Firearms (loaded or unloaded)
- Knives, machetes, or other blades
- Brass knuckles, batons, or blunt objects
- Improvised weapons (e.g. broken bottles, tools, belts)
- Everyday items used or intended to be used to cause harm
Even items that are legal to own—such as kitchen knives or sports equipment—can be considered weapons if they are carried in a way that raises concern.
Examples of Situations That Can Lead to Charges
The context in which the weapon is found plays a major role. Examples that could result in a charge include:
- Carrying a knife in public during a heated argument
- Keeping a bat or crowbar in a car for “protection”
- Walking around with a visible imitation firearm
- Carrying bear spray with the intent to use it against a person
- Brandishing a tool or object in a threatening manner during a dispute
The Crown does not have to prove that the accused actually used the weapon—only that they had it with the intent to cause harm or disturb the peace.
What the Crown Must Prove
To secure a conviction, the Crown must prove the following elements:
- The accused possessed or carried a weapon or imitation weapon
- The accused did so voluntarily and knowingly
- The weapon was possessed for a purpose dangerous to the public peace or to commit an offence
Intent can be inferred from behaviour, circumstances, or statements made by the accused. For example, carrying a knife in a backpack may not be suspicious, but carrying it in your hand during an argument could suggest a dangerous purpose.
Penalties for Possession of a Weapon for a Dangerous Purpose
This charge is classified as a hybrid offence, meaning the Crown can choose to proceed summarily or by indictment, depending on the severity of the case and the accused’s criminal history.
- Summary conviction: Up to 2 years less a day in jail and/or a fine
- Indictable conviction: Up to 10 years in prison
Aggravating factors—such as carrying the weapon in a school zone, during a protest, or while intoxicated—can influence the sentence imposed.
Possible Defences to the Charge
There are several defences that may be raised in a possession of a weapon for a dangerous purpose case. The strength of each depends on the facts of the case.
Lack of Dangerous Purpose
The defence may argue that while the accused had a weapon, it was not intended to be used dangerously. For example, a person may carry a knife for work or camping, not for harming others.
Lawful Excuse or Reasonable Use
In some cases, the object may be lawfully carried as part of one’s job or daily routine (e.g., a chef or tradesperson). The defence must demonstrate that the context was appropriate and non-threatening.
No Knowledge or Possession
It may be argued that the accused did not know about the weapon, or did not have control over it (e.g., it was in someone else’s bag or car).
Charter Violations
If the weapon was discovered during an illegal search or if police violated the accused’s rights (e.g., failure to inform of the right to counsel), a Charter challenge could result in the evidence being excluded.
Impact on Your Record
A conviction for this offence will result in a criminal record, which can have serious long-term consequences:
- Difficulty securing employment or professional licensing
- Travel restrictions, particularly to the United States
- Loss of firearm privileges
- Immigration or permanent residency complications
Avoiding a criminal record—or having the charge withdrawn—is a priority in many cases. This is especially important for first-time offenders.
The Role of a Criminal Defence Lawyer
A lawyer with experience in weapons offences can:
- Review the strength of the Crown’s case
- Negotiate for withdrawal or reduction of charges
- Argue for diversion or alternative measures (especially for youth or first-time offenders)
- Develop a strong defence strategy for trial
- Mitigate sentencing if a conviction cannot be avoided
Early legal intervention can significantly affect the direction of the case and the ultimate outcome.
Schedule a Free Consultation With Lichtman Law
If you’ve been charged with possession of a weapon for a dangerous purpose, it’s critical to get legal advice as soon as possible. This offence carries serious consequences, and a misstep early in the process can limit your options later on.
At Lichtman Law, we defend clients charged with weapons-related offences across Ontario. We are committed to protecting your rights and building the strongest possible defence.