Canadian Criminal Law/Offences/Pointing a Firearm

Pointing a Firearm
s. 87 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

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

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

Section 2 defines "firearm".

This offence does not include imitation firearms.

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