Grounds For Warrantless Search
Information about the Weapon
- Description of Weapon as defined in Section 2
- Provide detailed description and/or photo of weapon
- You may wish to send weapon to expert to confirm the weapon fits section 2 depending upon the facts of the case
- The Accused had Possession of Weapon
Intention of the Accused
- PDW is a specific intent offence. The actions of the accused must pose some danger to the public, and there should be a connection to the weapon.
- Defence – the accused may have been acting badly and he may have been in possession of the weapon, but he never “used” the weapon in manner that posed a danger
- Carrying a weapon for self defence does NOT contravene this section of the Criminal Code.
Related Links:
Statutory wording for Possession of a Weapon for a Dangerous Purpose