Weapons Offences

There are a plethora of weapons and firearms offences under the Criminal Code of Canada. Guns and firearms are highly regulated in Canada and often must be registered and stored in a specific manner. There are also restrictions on the movement of guns in Canada and the locations in which they can be used recreationally and for hunting.

Another area that has resulted in many charges over recent years is the non-declaration of firearms when entering into Canada at a border crossing. Guns that may be legal in the United States must be declared before someone crosses the border in a vehicle. If a firearm is not declared it can result in smuggling charges under the Customs Act and a variety of gun charges under the Criminal Code.

Case Results

R. v. J.S. [2024]
Client from Washington State arrested after arriving in Victoria harbour on a pleasure craft containing a gun that was not declared.  CBSA agents entered boat and found gun in a bag in a closet.  Client arrested on a Friday night and Mr. Shapray was able to negotiate his release and permission to remain in Canada for boat race.  Case untimately resolved for a small fine and gun forfeiture.

Incident with knife in Vancouver bar caught on video resolved with Probation - No Jail!

R. v. R.C. [2023]
Client charged with use of a weapon, uttering a death threat and weapons dangerous in relation to an event in a downtown Vancouver bar in which he was seen carrying a knife.  Crown initially seeking a jail sentence.  Negotiations with prosecutor and information about the surrounding circumstances resulted in a deal for a plea to a lesser offence and a probation sentence - No Jail!

Incident with knife in Vancouver bar caught on video resolved with Probation - No Jail!

R. v. C.C. [2020]
Police called to address a mental health situation and seizing client's firearms as a result due to concerns over public safety.  Police subsequently seeking 5-year firearms prohibition under the Criminal Code. Mr. Shapray retained to fight the ban and as a result of counselling and reports that were obtained, he was able to negotiate a return of firearms and withdrawal of the firearms application

Firearms Returned to client - Application for 5-year Ban Dropped!

R. v. T.W. [2019]
Police called to the scene of a domestic dispute and subsequent search of residence leads to seizure of firearms that are improperly stored and held without a license.  A modified magazine also located.  Issues raised in relation to the police grounds to search the residence and the quality of evidence proving the nature of the firearms leads to the charges being DROPPED on the morning of the trial - CASE DISMISSED.

CHARGES DROPPPED!

R. v. A.A. [2019]
Client was driver of a vehicle which was subject of police investigation. Gun with a fingerprintof the driver found under the front passenger seat.  Fingerprint expert called by the prosecution to link the print to the driver. Expert evidence of the fingerprints examiner vigorously challenged with Judge finding that evidence of fingerprint NOT SUFFICIENT to link the gun to the accused - CHARGES DISMISSED - NOT GUILTY.

NO CHARGES.

R. v. D.A. [2017]
Client charged with weapons offences in relation to incident involving neighbors in a house. Case resolved with plea to lesser offence of Mischief and client received a Conditional Discharge – NO CRIMINAL RECORD.

CONDITIONAL DISCHARGE – NO CRIMINAL RECORD.

R. v. D.M. [2017]
Client worked for the U.S. Army and was stopped at the Canadian border and had his vehicle searched resulting in the seizure of a gun and ammunition that had not been declared. Mr. Shapray resolved the case on behalf of the client who was not required to return to Canada for his court proceedings.

CASE RESOLVED – client not required to return to Canada for court proceedings.

R. v. J.M. [2017]
Client was an American stopped crossing by car into Canada and found to have guns in his vehicle that had not been declared. Case resolved with a fine and Mr. Sharpay handled all of the court appearances for client who was not required to travel back to Canada to deal with multiple court appearances.

CASE RESOLVED – client not required to return to Canada for court proceedings.

R. v. G.R. [2017]
Client under investigation for serious weapons offences after a Search Warrant was executed on a storage facility. Mr. Shapray retained during police investigation and was able to demonstrate to the police that all items in the storage facility had been legally imported and did not violate any firearms laws. ALL ITEMS RETURNED and NO CHARGES. CASE CLOSED!

NO CHARGES. CASE CLOSED!

R. v. J.K. [2017]
U.S. client charged with gun offences as a result of a search at the Canadian Border revealing gun on his person. Client had not declared gun when questioned at the border and agreed to plead guilty to charges despite Federal Prosecutor seeking 14 days in jails due to location of the gun and prior firearms offence in the United States. Mr. Shapray conducted sentencing hearing for the client in the Surrey Court and persuaded Judge to impose a fine on sentencing and reject the prosecutor's position for a jail sentence – NO JAIL TIME!

NO JAIL TIME!

R. v. R.R. [2016]
U.S. Citizen charged with gun offences at the Canadian border. Mr. Shapray resolved this case through negotiation with the federal prosecutor utilizing time served in custody waiting for bail and a fine with no further jail time. Mr. Shapray arranged to appear in Court on behalf of client who was not required to return to Canada for court appearances.

CASE RESOLVED – client not required to return to Canada for court proceedings.

R. v. D.M. [2015]
U.S. citizen with strong personal and business ties to Canada arrested and charged with 4 gun offences under the Customs Act and Criminal Code relating to a failure to disclose at the Canadian border crossing (Peace Arch). Mr. Shapray represented client at trial on issue as to whether client made a "mistake of fact" and was unaware of the presence of the handgun in the vehicle at the time he crossed the border and answered questions. Client testified at trial and was found NOT GUILTY after a two-day trial.

NOT GUILTY

R. v. J.E. [2015]
American Citizen and member of the U.S. Army charged with gun offences at the Canadian border. Mr. Shapray retained and arranged bail for the accused whose family was based in California. Case resolved through negotiation for a fine with no further jail time and Mr. Shapray arranged to appear in Court on behalf of client who was not required to return to Canada for court appearances.

CASE RESOLVED – client not required to return to Canada for court proceedings.

R. v. D.L. [2015]
U.S. Citizen charged with gun offences at the Canadian border. Mr. Shapray retained and arranged bail for the accused. Case resolved through negotiation for a sentence of TIME SERVED with no fine or further jail time. Mr. Shapray arranged to appear in Court on behalf of client who was not required to return to Canada for court appearances.

CASE RESOLVED – client not required to return to Canada for court proceedings.

R. v. J.S. [2015]
U.S. Citizen charged with smuggling and other offences after two guns and ammunition found in his car after he attempted to cross the border into Canada from Washington State. Mr. Shapray took this case to trial and client was found NOT GUILTY by the Judge after he testified about lack of knowledge of the presence of the guns and ammunition in his vehicle at the time he crossed the border.

NOT GUILTY.

R. v. E.E. [2015]
U.S. Citizen and employee of the U.S. Military charged with smuggling and failing to declare gun at the Canadian border. Mr. Shapray retained and arranged bail for the accused who was ultimately released and permitted to continue travelling through B.C. to Alaska. Case resolved through negotiation for a fine with no further jail time and Mr. Shapray arranged to appear in Court on behalf of client who was not required to return to Canada for court appearances.

CASE RESOLVED – client not required to return to Canada for court proceedings.