Canadian Criminal Law/Offences/Possession of Unauthorized Firearm

Proof of Offence
Including the elements of time and date, jurisdiction and identity, the crown must prove:
 * 1) that the object is a “firearm” as defined in s.2 of the Criminal Code of Canada or a prohibited weapon;
 * 2) that the accused was in possession of the firearm or prohibited weapon;
 * 3) that the accused was not a holder of a registration certificate for the firearm in question.
 * 4) the accused was not aware that they did not hold a registration certificate

Interpretation
Lack of certification can usually be proven by way of an affidavit confirming such from the Chief Firearms Officer of the province or from the Canadian Firearms Registry.

Where the item at issue is not a firearm, such as where it is a switch-blade, there will be no way for the person to have a registered certificate under the Firearms Act or otherwise. While this may be a blunder on the part of drafting, it does not seem to omit the need for some evidence confirming that the accused was not the holder of a certificate.

Relevant Motions

 * Publication Ban of in relation to victims, witnesses or justice system participants ( 486.5 )
 * Exclusion of public from court ( 486 )