Canadian Criminal Law/Offences/Pointing a Firearm

Pointing a Firearm
s. 87 of the Crim. Code
Election / Plea
Crown ElectionHybrid
JurisdictionProv. 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)
Maximum6 months jail or $5,000 fine
Indictable Dispositions
Avail. Disp.same as summary
Maximum5 years
References
Offence Elements
Sentence Principles
Sentence Digests


Legislation edit

Pointing a firearm
87. (1) Every person commits an offence who, without lawful excuse, points a firearm at another person, whether the firearm is loaded or unloaded.
...
R.S., 1985, c. C-46, s. 87; 1995, c. 39, s. 139.

CCC

Proof of Offence edit

  1. identity of accused
  2. date and time of incident
  3. jurisdiction (incl. region and province)
  4. the accused possessed an object
  5. the object was a firearm
    1. ♰ description of the firearm / ballistics test report
  6. the accused pointed it at a person

The essential elements to prove are those in bold.

Interpretation edit

Section 2 defines "firearm".

This offence does not include imitation firearms.[1]

Careless Use of a Firearm is not an included offence to pointing a firearm.[2]

  1. R. v. A.W., 2012 ONCA 778
  2. R. v. Copp, 2009 NBCA 16 (CanLII)