What is possession of a weapon for a purpose dangerous to the public?

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What is possession of a weapon for a purpose dangerous to the public?

Possession of a weapon for a purpose dangerous to the public is a crime under section 88 of the Criminal Code. It is committed by carrying or possessing a weapon, imitation of a weapon, or prohibited device to commit a crime or for a purpose that is dangerous to the public peace.

As a few examples, this crime can be committed by:

• Carrying a weapon while committing a robbery or other violent crime.
• Using a weapon to threaten or intimidate someone in a public place.
• Holding a weapon in a threatening manner in a public place.
• Carrying a weapon in a public place with intent to use it in a dangerous way.

Possession of a weapon for a dangerous purpose is a serious crime and can result in a prison sentence that is as long as ten years.

What is considered a weapon?

For possession of a weapon for a purpose dangerous to the public, a weapon may be:

• Anything designed to be used as a weapon.
• Anything used as a weapon by the accused. 
• Anything intended to be used as a weapon by the accused.

A weapon can be anything from a firearm to a baseball bat, or even a shoe.

What if I did not intend to cause danger to the public peace?

You cannot be convicted of possession of a weapon for a purpose dangerous to the public unless the crown prosecutor can prove that you possessed the weapon with the intent to achieve a certain result, and that that result would cause danger to the public peace (or for the purpose of committing an offence).

However, this is not all about your subjective state of mind. In deciding whether you carried the weapon with an intent to cause danger to the public peace, the court will consider both what your frame of mind was (to the extent it can), and what it objectively would have been, based on all the evidence.