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Elements of Possession of a Dangerous Weapon

Date, Time and Location

Identity Of The Accused

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