In Alberta, a weapon possession charge can put your future on the line. From jail time to lifelong prohibitions and a criminal record, the consequences are serious. These charges often arise from situations involving firearms, knives, or other weapons, even when you may not have been aware of their presence or legality.
The good news is that under Canadian law, there are legal strategies that may lead to reduced charges, dismissal, or acquittal, depending on the circumstances of your case.
Defending against these allegations starts with understanding the laws that apply and how an experienced firearms and weapons offences lawyer can help you fight back.
This blog will walk you through the legal framework, possible defences, and what you need to know to protect your rights if you are charged.
Weapon Possession Laws In Alberta
Under the Criminal Code of Canada, a wide range of offences can be classified as weapons-related. Weapon charges in Alberta typically fall under the following sections:
- Section 91: Unauthorized possession of a firearm
- Section 92: Possession of a firearm knowing its possession is unauthorized
- Section 88: Possession of a weapon for a dangerous purpose
- Section 86: Careless use, storage, or handling of a firearm
- Section 95: Possession of a restricted or prohibited firearm with ammunition
- Section 117.01: Possession contrary to an order
A weapon can include more than just firearms. The Criminal Code defines a weapon as anything used, designed to be used, or intended for use in causing death or injury, or for threatening or intimidating another person. This may include bear spray, switchblades, brass knuckles, or even tools repurposed as weapons.
Prohibited weapons are strictly banned. Restricted weapons may be possessed or transported under specific conditions. The law imposes significant penalties if a person is found in possession of such items without proper licensing or authorization.
Elements The Crown Must Prove
In a criminal trial, the Crown must prove the following elements beyond a reasonable doubt:
- The object was a weapon under the law
- You had knowledge of the weapon’s existence
- You had control or possession of the weapon
- You lacked legal authorization (such as a license or permit)
These elements apply to both physical possession and “constructive possession,” where the weapon may be in a space you have control over (like your vehicle or a shared residence).
If the Crown fails to prove any of these elements, the charge cannot result in a conviction.
Available Legal Defences
An experienced Edmonton firearms and weapons offences lawyer will assess the specific facts of your case to determine which defences may apply. Some of the most common include:
Illegal Search And Seizure
Section 8 of the Canadian Charter of Rights and Freedoms protects individuals from unreasonable search and seizure. If police found the weapon through an unlawful search, such as entering a home or vehicle without a warrant or reasonable grounds, the evidence may be excluded from court.
Courts have upheld this principle in decisions like R. v. Grant, 2009 SCC 32, where improperly obtained evidence was excluded due to a breach of Charter rights.
Lack Of Knowledge Or Intent
If the weapon was not in your personal possession and you had no knowledge it was present, the element of knowledge is missing. For example, if you borrowed a friend’s bag or vehicle without knowing a firearm or prohibited item was inside, your lawyer can argue that you did not knowingly possess the weapon.
Lawful Possession Or Licensing
If you held a valid Possession and Acquisition License (PAL) or a restricted firearm was legally registered and stored according to regulations, then your weapon possession may have been lawful. Errors in police interpretation or administrative issues may sometimes lead to false charges, which can be challenged in court.
No Control Over The Weapon
When a weapon is found in a shared location, such as a roommate’s room or a vehicle with multiple occupants, the Crown must prove that you had control over it. A mere association with the place where the weapon was discovered is not enough.
Court Process And Legal Representation
Once you are charged with a weapons offence in Alberta, the court process begins quickly. You will first appear in docket court, often within days. It is essential to consult a defence lawyer before making any statements or decisions.
An experienced lawyer will:
- Review the disclosure provided by the Crown
- Identify any Charter violations or flaws in the evidence
- Challenge forensic findings and witness credibility
- Advise on whether to proceed to trial or resolution
- Represent you during bail hearings if detention is involved
Your defence strategy will depend on the strength of the evidence, your criminal history, and the specific nature of the charges.
Penalties For Weapons Offences
The penalties for weapons and firearms offences vary significantly depending on the charge and whether it’s treated as a summary or indictable offence.
Some common penalties include:
- Unauthorized possession of a firearm: Up to 5 years imprisonment
- Possession of a restricted/prohibited firearm with ammo (Section 95): Mandatory 3 years for a first offence, up to 10 years
- Weapons trafficking: Up to life imprisonment (Section 99)
- Careless storage: Up to 2 years on summary conviction or 5 years on indictment
Additional consequences can include:
- Firearms prohibition orders
- Forfeiture of weapons and related property
- DNA orders
- Lifetime travel restrictions
Firearms charges in Canada often attract public and prosecutorial scrutiny. Many are subject to mandatory minimum sentences, especially if the weapon was loaded or used in connection with other crimes.
Can Charges Be Withdrawn Or Resolved?
Yes, in some cases. If your lawyer identifies critical issues with the case, such as inadmissible evidence, police misconduct, or weak grounds for arrest, they may negotiate with the Crown to:
- Withdraw charges
- Reduce the charge to a non-criminal offence
- Propose alternative resolutions, such as peace bonds or diversion (where applicable)
Every case is fact-specific. Early intervention gives your legal team more time to analyze the disclosure and mount a strong response.
About Us
At Daryl Royer Criminal Defence, we focus exclusively on defending individuals accused of criminal offences in Alberta, including weapons and firearms-related charges. With over 20 years of legal experience in Edmonton courts, Daryl Royer has the knowledge and courtroom skills to challenge the Crown’s case and fight for your rights.
If you’re facing a firearms or weapons offence in Alberta, don’t leave your defence to chance. Contact us today to speak directly with an experienced criminal defence lawyer who will advocate for your freedom and future.