Canadian Criminal Law/Weapons

Weapon Defined
Section 2 of the Criminal Code includes the definition of weapon:

Proof of an item as a weapon depends on all of the circumstances. The determination involves a subjective test of whether the accused intended to use the item as a weapon.

R. v. Cassidy, [1989] 2 SCR 345 cites R. v. Chalifoux states weapon includes:


 * 1) anything designed to be used as a weapon;
 * 2) anything that a person uses as a weapon, whether that thing is designed as a weapon or not; and
 * 3) anything that one intends to use as a weapon regardless of its design.

The decision of R. v. D.A.C., 2007 ABPC 171 proposed a general analytical approach to determine whether an object is a "weapon" under s. 2. The Court must "ask the following three questions:
 * i. Did the accused in fact use the object to cause death or injury, or to threaten or intimidate any person?
 * ii. Did the accused intend to use the object to cause death or injury or to threaten or intimidate any person?
 * iii. Was the object being carried by the accused designed to be used in causing death or injury to any person, or for the purpose of threatening or intimidating any person?

If the answer to any of these questions is in the affirmative, the Crown has proven that the object was a weapon." The third question was considered in greater detail. The judge stated that the test for determining whether the object was designed to be used requires the following questions:
 * 1) Is the object’s design such that it could be readily usable to cause death or injury to any person or to threaten or intimidate any person?
 * 2) In all of the circumstances, would the carrying of the concealed object cause the reasonable person to fear for his own safety or for the public safety, if he were aware of the presence of the object?

If the answer to both of these questions is "yes", then the object will be considered a weapon. This requires looking at the object itself and the context of it being possessed.

Carr A, Ory D (2006). "Does HIV cause cardiovascular disease?" PLoS Medicine, 3(11):e496.

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Prohibited Weapon
The Criminal Code distinguishes "prohibited weapons" and "restricted weapons" as subclasses of "weapons" generally. Additional weapons-related offence apply to those weapons classified as "prohibited" or "restricted".

Before anything can be a prohibited weapon it must first be established as a weapon under s. 2.

Under section 4 of the Regulations Prescribing Certain Firearms and Other Weapons, Components and Part of Weapons, Accessories, Cartridge Magazines, Ammunition and Projectiles as Prohibited or Restricted, SOR/98-462, provides:

Part 3 of the Schedule, Prohibited Weapons, Former Prohibited Weapons Order, No. 8 states:

The mens rea for offences regarding prohibited weapons, it need only be proven that either knowledge or recklessness with respect to the characteristics of the knife in question which, in fact, makes it a prohibited weapon.

The test for establishing a weapon as prohibited is an objective one. The Crown does not need to prove that the possessor of the object "used or intended to use" the object as a weapon.

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Restricted Weapon
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Pellet guns

 * a starting pistol is an imitation of a weapon.
 * pellet gun not necessarily a weapon

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Brass knuckles
Under the Ontario Prohibited Weapons Order in Ontario No.8 SOR/79-583, brass knuckles are classified as prohibited.

The crown must prove that the holder of the brass knuckles used or intended to use the item to cause death or injury to persons or intended to use for threats or intimidation.

The intent must be proven subjectively and objectively.

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Knife
Where a knife is used to intimidate, it becomes a weapon.

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Bear spray
In certain courts, bear spray has been established as a weapon. It is usually necessary to have forensic expert testimony.

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Misc Items
A broken piece of glass can be a weapon.

A vehicle can be a weapon.

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