Possessing a firearm, ammunition, or even a crossbow while under a court-ordered weapons prohibition is a severe indictable offence in Canada. Under Section 117.01 of the Criminal Code, a conviction can result in up to 10 years in federal prison and will permanently damage your employment prospects.
The Canadian justice system does not take court orders lightly, particularly when weapons are involved. ⚠ If a judge has previously issued a weapons prohibition against you-often as a result of a past assault conviction, a peace bond, or a bail condition-you are legally barred from touching, holding, or owning anything that falls under the definition of a firearm. Many Canadians mistakenly believe that holding a friend’s hunting rifle for a few minutes is harmless, but the law sees it very differently.
Being caught with a weapon contrary to an active prohibition order triggers an immediate federal response. Whether you are pulled over in Edmonton, searched in Moncton, or arrested in Victoria, the police will lay severe criminal charges. Because this offence shows a direct disregard for judicial authority, Crown prosecutors frequently pursue jail time, making the immediate retention of a criminal defence lawyer absolutely essential.
Step-by-Step Legal Process in Canada
Facing charges under Section 117.01 of the Criminal Code requires a robust legal strategy. Whether your case is heard in the Supreme Court of British Columbia or a provincial court in Ontario, the stakes are incredibly high. Here is how the legal process generally unfolds.
Step 1: The Arrest and Seizure
If police discover a firearm, ammunition, or explosive substance in your possession or inside your vehicle, you will be arrested on the spot. 👮 The police will immediately run your name through the Canadian Police Information Centre (CPIC) database. The moment they see an active prohibition order, the situation escalates from simple unauthorized possession to a breach of a court order.
Step 2: The Bail Hearing Phase
Securing bail is incredibly difficult when you are accused of breaching a court order, as the Crown will argue you cannot be trusted to follow rules. Your law firm must present a meticulous release plan, often requiring substantial financial pledges from sureties (family members) and strict house arrest conditions to convince the judge you are not a flight risk or a danger to the public.
Step 3: Reviewing the Crown Disclosure
Once bail is settled, your lawyer will obtain the disclosure package. 📄 The defence strategy often hinges on the concept of “possession.” Your lawyer will investigate whether you had actual knowledge and control of the weapon. For example, if a roommate hid a hunting rifle in your shared apartment without your knowledge, you may have a strong defence against the possession charge.
Step 4: Trial and Resolution
If the Crown’s evidence is overwhelming, your lawyer may negotiate a plea deal to reduce the sentence or avoid federal prison. If you maintain your innocence, the case will proceed to trial. The Crown must prove beyond a reasonable doubt that you knew the weapon was there and that you exercised control over it, despite knowing about your active prohibition order.
How Much Does a Defence Lawyer Cost in Canada?
Fighting a serious indictable offence requires a significant financial commitment. Below is an overview of the typical legal fees in CAD for defending against a breach of a firearms prohibition.
| Legal Service / Phase | Average Cost (CAD) | What is Included |
|---|---|---|
| Contested Bail Hearing | $2,000 – $5,000 | Drafting a surety plan and fighting the Crown’s request to hold you in custody. |
| Pre-Trial Strategy & Meetings | $4,000 – $8,000 | Analyzing police search warrants and conducting resolution talks with the prosecutor. |
| Full Criminal Trial | $10,000 – $25,000+ | Extensive trial preparation, expert witnesses, and in-court litigation. |
| Mandatory Victim Surcharge | 30% of any fine | A federal surcharge added to any court-imposed fines if convicted. |
How Long Does the Process Take?
Because this is a serious federal charge, the timeline is often prolonged. ⏳ While a guilty plea might resolve the matter in 3 to 6 months, taking the case to a full trial can take anywhere from 12 to 24 months. During this lengthy period, you will likely be subjected to extremely strict bail conditions that monitor your daily movements and behaviour.
Frequently Asked Questions (FAQ)
Does a prohibition order apply to ammunition?
Yes. Standard weapons prohibition orders in Canada explicitly forbid the possession of ammunition, explosive substances, and even certain crossbows. Having a single shotgun shell in your pocket is enough to trigger a criminal charge.
Is this offence considered an indictable offence?
It is a hybrid offence. If the Crown proceeds by indictment, the maximum penalty is 10 years in prison. If they proceed by summary conviction for a less serious breach, the penalties are lower, but still carry the threat of significant jail time.
Can I hold a friend’s gun if I don’t own it?
Absolutely not. The law strictly focuses on “possession,” not ownership. If you physically handle a firearm or have it in your immediate control while under a prohibition order, you are committing a crime.
What if I didn’t know the prohibition order was still active?
Ignorance of the law or the status of your court order is generally not an acceptable legal defence. It is your absolute responsibility to know the end date of any court-imposed conditions before interacting with firearms.
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