- The weapon must have been located and seized lawfully
The Accused’s Possession of the Weapon
- Can you prove the accused had knowledge of weapon?
Description of Prohibited Weapon/ Expert Evidence
- Provide details (photograph) about your prohibited weapon. This weapon must fit the description of prohibited weapons as defined in the criminal code (Section 84) or the regulations
- In almost all cases this means the weapon will need to be sent out to an expert in order for them to confirm that the weapon meets the legal definition of the prohibited weapon.
No Weapon Permits, Authorizations Or License
- Provide evidence that the accused is not authorized to possess this weapon. Some people may be authorized to possess prohibited or restricted weapons, or they may argue they are entitled to posses the weapon, as it is required for sustenance or employment purposes pursuant to Section 113(1). For example martial arts instructors have argued that they need to posses nunchaku in order to teach their profession. Consider these types of legal issues in your report.
- The mental element of this offence may be very easy to prove as this is a “state of affairs prohibited in law”, however, when some prohibited weapons, fit the legal description of “or similar device”, lawyers will argue over the classification as prohibited. The actions and intent of the accused will often be key to the success of the file
Grounds for Warrantless Search
Legal Issues with Safety Searches
Statutory wording for Possession of Prohibited Weapon
List of Prohibited Weapons
Legal Description of Prohibited Weapons