Canadian Criminal Law/Offences/Possession of a Weapon Contrary to an Order

Possession of a Weapon Contrary to an Order
s. 117.01 of the Crim. Code
Election / Plea
Crown Election	Hybrid
Jurisdiction	Prov. Court SC Judge + PI (I) SC Jury + PI (I) (536(2))
Maximum	6 months jail or $5,000 fine
Indictable Dispositions
Maximum	10 years
References
Offence Elements Sentence Principles Sentence Digests

Legislation

Possession contrary to order
117.01 (1) Subject to subsection (4), every person commits an offence who possesses a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, any ammunition, any prohibited ammunition or an explosive substance while the person is prohibited from doing so by any order made under this Act or any other Act of Parliament.
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Punishment

(3) Every person who commits an offence under subsection (1) or (2)

(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or

(b) is guilty of an offence punishable on summary conviction.

Exception

(4) Subsection (1) does not apply to a person who possessed a firearm in accordance with an authorization or licence issued to the person as the result of an order made under subsection 113(1).

1995, c. 39, s. 139.

– CCC

Proof of Offence

1. the accused was in possession of a weapon
2. the accused was subject to a weapons prohibition order at the time of possession

If weapon is a firearm:

1. the firearm must meet definition of firearm
2. there was no licence or order giving exception to prohibition (see 117.01(4))