Weapon Outlined[edit]

Part 2 of the Felony Code consists of the definition of weapon:

“Weapon” means any factor used, designed for use or supposed to be used

(a) in inflicting dying or harm to any particular person, or
(b) for the aim of threatening or intimidating any particular person

and, with out proscribing the generality of the foregoing, features a firearm.

CCC

Proof of an merchandise as a weapon is determined by all the circumstances. The dedication includes a subjective check of whether or not the accused supposed to make use of the merchandise as a weapon.
[1]

R. v. Cassidy, [1989] 2 SCR 345 cites R. v. Chalifoux [2] states  weapon consists of: 
  1. something designed for use as a weapon;
  2. something that an individual makes use of as a weapon, whether or not that factor is designed as a weapon or not; and
  3. something that one intends to make use of as a weapon no matter its design.

The choice of R. v. D.A.C., 2007 ABPC 171[3] proposed a common analytical method to find out whether or not an object is a “weapon” underneath s. 2. The Court docket should “ask the next three questions:

i. Did the accused the truth is use the article to trigger dying or harm, or to threaten or intimidate any particular person?
ii. Did the accused intend to make use of the article to trigger dying or harm or to threaten or intimidate any particular person?
iii. Was the article being carried by the accused designed for use in inflicting dying or harm to any particular person, or for the aim of threatening or intimidating any particular person?

If the reply to any of those questions is within the affirmative, the Crown has confirmed that the article was a weapon.”[4]
The third query was thought-about in higher element. The decide said that the check for figuring out whether or not the article was designed for use requires the next questions:

  1. Is the article’s design such that it could possibly be readily usable to trigger dying or harm to any particular person or to threaten or intimidate any particular person?
  2. In all the circumstances, would the carrying of the hid object trigger the affordable particular person to concern for his personal security or for the general public security, if he had been conscious of the presence of the article?

If the reply to each of those questions is “sure”, then the article shall be thought-about a weapon. This requires wanting on the object itself and the context of it being possessed.

Carr A, Ory D (2006). “Does HIV trigger heart problems?” PLoS Medication, 3(11):e496.

– References

  1. R. v. Roberts (1990), 60 C.C.C. (3d) 509 (NSCA)
  2. R. v. Chalifoux (1973), 14 C.C.C. (2nd) 526 [1]
  3. R v DAC, [2]
  4. DAC at para. 75

Prohibited Weapon[edit]

The Felony Code distinguishes “prohibited weapons” and “restricted weapons” as subclasses of “weapons” typically. Extra weapons-related offence apply to these weapons categorised as “prohibited” or “restricted”.

s. 84(1)

“prohibited weapon” means

(a) a knife that has a blade that opens robotically by gravity or centrifugal power or by hand strain utilized to a button, spring or different machine in or hooked up to the deal with of the knife, or
(b) any weapon, apart from a firearm, that’s prescribed to be a prohibited weapon;

CCC

Earlier than something generally is a prohibited weapon it should first be established as a weapon underneath s. 2.[1]

Below part Four of the Rules Prescribing Sure Firearms and Different Weapons, Elements and A part of Weapons, Equipment, Cartridge Magazines, Ammunition and Projectiles as Prohibited or Restricted, SOR/98-462, supplies:

The weapons listed in Half Three of the schedule are prohibited weapons for the needs of paragraph (b) of the definition “prohibited weapon” in subsection 84(1) of the Felony Code.


Reg

Half Three of the Schedule, Prohibited Weapons, Former Prohibited Weapons Order, No. Eight states:

1. Any machine designed for use for the aim of injuring, immobilizing or in any other case incapacitating any particular person by the discharge therefrom of

(a) tear gasoline, Mace or different gasoline, or
(b) any liquid, spray, powder or different substance that’s able to injuring, immobilizing or in any other case incapacitating any particular person.

2. Any instrument or machine generally referred to as “nunchaku”, being laborious non-flexible sticks, golf equipment, pipes, or rods linked by a size or lengths of rope, wire, wire or chain, and any comparable instrument or machine.
3. Any instrument or machine generally referred to as “manrikigusari” or “kusari”, being hexagonal or different geometrically formed laborious weights or hand grips linked by a size or lengths of rope, wire, wire or chain, and any comparable instrument or machine.
4. Any finger ring that has a number of blades or sharp objects which are able to being projected from the floor of the ring.
5. Any machine that’s designed to be able to injuring, immobilizing or incapacitating an individual or an animal by discharging {an electrical} cost produced by the use of the amplification or accumulation of {the electrical} present generated by a battery, the place the machine is designed or altered in order that {the electrical} cost could also be discharged when the machine is of a size of lower than 480 mm or greater, and any comparable machine.
6. A crossbow or comparable machine that

(a) is designed or altered to be aimed and fired by the motion of 1 hand, whether or not or not it has been redesigned or subsequently altered to be aimed and fired by the motion of each arms; or
(b) has a size not exceeding 500 mm.

7. The machine referred to as the “Fixed Companion”, being a belt containing a blade able to being withdrawn from the belt, with the buckle of the belt forming a deal with for the blade, and any comparable machine.
8. Any knife generally referred to as a “push-dagger” that’s designed in such a vogue that the deal with is positioned perpendicular to the primary reducing fringe of the blade and every other comparable machine apart from the aboriginal “ulu” knife.
9. Any machine having a size of lower than 30 cm and resembling an innocuous object however designed to hide a knife or blade, together with the machine generally referred to as the “knife-comb”, being a comb with the deal with of the comb forming a deal with for the knife, and any comparable machine.
10. The machine generally referred to as a “Spiked Wristband”, being a wristband to which a spike or blade is affixed, and any comparable machine.
11. The machine generally referred to as a “Kiyoga Baton” or “Metal Cobra” and any comparable machine consisting of a manually triggered telescoping spring-loaded metal whip terminated in a heavy calibre placing tip.
12. The machine generally referred to as a “Morning Star” and any comparable machine consisting of a ball of steel or different heavy materials, studded with spikes and linked to a deal with by a size of chain, rope or different versatile materials.
13. The machine referred to as “Brass Knuckles” and any comparable machine consisting of a band of steel with a number of finger holes designed to suit over the fingers of the hand.

Reg

The mens rea for offences concerning prohibited weapons, it want solely be confirmed that both data or recklessness with respect to the traits of the knife in query which, the truth is, makes it a prohibited weapon.[2]

The check for establishing a weapon as prohibited is an goal one. The Crown doesn’t have to show that the possessor of the article “used or supposed to make use of” the article as a weapon.[3]

– References


  1. R. v. Murray, (1985), 24 C.C.C. (3d) 568 (“Murray #1”) – spiked wristband discovered as weapon
    R v Murray, (1991), 65 C.C.C. (3d) 507 (“Murray #2”) – nunchaku sticks not confirmed as weapons

  2. R. v. Archer, (1983), 6 C.C.C. (3d) 129 at 132 (Ont. C.A.)

  3. R. v. Robust, 2012 BCCA 279 at para. 35

Restricted Weapon[edit]

s. 84
“restricted weapon” means any weapon, apart from a firearm, that’s prescribed to be a restricted weapon;

CCC

– References

Particular objects[edit]

Pellet weapons[edit]

  • a beginning pistol is an imitation of a weapon.[1]
  • pellet gun not essentially a weapon[2]

– References

Brass knuckles[edit]

Below the Ontario Prohibited Weapons Order in Ontario No.Eight SOR/79-583, brass knuckles are categorised as prohibited.[1]

The crown should show that the holder of the brass knuckles used or supposed to make use of the merchandise to trigger dying or harm to individuals or supposed to make use of for threats or intimidation.[2]

The intent should be confirmed subjectively and objectively.
[3]

– References

  1. The next units are hereby declared to be prohibited weapons:

    (b) the machine referred to as “Brass Knuckles” and any comparable machine consisting of a band of steel with finger holes designed to suit over the foundation knuckles of the hand.

  2. [1991] O.J. No. 405, 12 W.C.B.(2nd) 487 (Gen.Div.)
  3. S.(L.B.), [1993] S.J. No. 512, 21 W.C.B. (2nd) 279 (Q.B.) – case makes use of new definition of weapon underneath s.2

Knife[edit]

The place a knife is used to intimidate, it turns into a weapon.[1]

– References

  1. R. v. McDonald (2002), 170 C.C.C. (3d) 46 (ONCA)

Bear spray[edit]

In sure courts, bear spray has been established as a weapon. It’s normally essential to have forensic professional testimony.[1]

– References

  1. R v Meier, 2012 SKPC 41 at 101

Misc Objects[edit]

A damaged piece of glass generally is a weapon.[1]

A automobile generally is a weapon.[2]

– References

  1. R. v. Allan (1971), Four C.C.C. (2nd) 521 (NBCA)
  2. see R. v. McLeod, (1993), 84 C.C.C. (3d) 336 (Y.T.C.A.)
    R. v. Lamy, 2002 SCC 25 (CanLII), [2002] 1 S.C.R. 860