Canadian Criminal Law/Offences/Carrying a Concealed Weapon

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

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

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

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 a manner mandated by the Firearms Act is not considered concealing.