Canadian Criminal Law/Offences/Use of Firearm in Commission of an Offence

Elements of Proof
Using a Firearm in Commission of an Offence - s. 85(1)
 * 1) &#9840; identity of accused
 * 2) &#9840; date and time of incident
 * 3) &#9840; jurisdiction (incl. region and province)
 * 4) &#9840; the accused used a firearm
 * 5) &#9840; committing or attempting to commit an indictable offence; or,
 * 6) &#9840; during flight after committing or attempting to commit an indictable offence.

Using an Imitation Firearm in Commission of an Offence - s. 85(2)
 * 1) &#9840; identity of accused
 * 2) &#9840; date and time of incident
 * 3) &#9840; jurisdiction (incl. region and province)
 * 4) &#9840; the accused was using an imitation firearm while
 * 5) &#9840; committing or attempting to commit an indictable offence; or,
 * 6) &#9840; during flight after committing or attempting to commit an indictable offence.

Items in bold are essential elements that make out the offence.

Tendering Exhibits

 * &#9840; the firearm or imitation firearm

Interpretation
A firearm must not merely "proximate for future use”, but rather must be ready for present use during the offence.

Motions and Orders

 * s.486.2(2) or 486.2(4) order for private testimony
 * s. 486.3(2) Order prohibiting cross examination
 * s. 486.5(1) or (2) publication ban
 * Video-recorded evidence by disabled person (s.715.2) or person under age 18 (s.715.1)