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. T.M. [2018]
Client under investigation for various gun charges. Mr. Shapray retained during the investigation stage of proceedings and dealt with the investigating police officer and the Crown prosecutor resulting in NO CHARGES.

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.