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


LegislationEdit

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 OffenceEdit

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

InterpretationEdit

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. [1]

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