< Canadian Criminal Law < Offences
| 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)) |
| 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
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 Offence
In addition to the essential elements of jurisdiction, time and identity, the crown should prove the following:
- the accused was in Possession of an item
- the item is a weapon as defined in s. 2, prohibited device or prohibited ammunition
- the accused knew the item was a weapon, prohibited device or prohibited ammunition
- the item was concealed by the accused
- the accused intended to conceal the item
Interpretation
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]
- ↑ R. v. Felawka, [1993] 4 S.C.R. 199 1993 CanLII 36
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