Firearms & Weapons Defence

The Allegation Determines the Defence.

Stellar Law represents clients facing firearms and weapons charges in Toronto and the GTA. These can concern unauthorised possession, a loaded restricted or prohibited firearm, careless storage or handling, carrying a concealed weapon, or possession of a weapon for a dangerous purpose. Each allegation raises different questions about the item, the conduct and the circumstances.

Rana and her team examine the wording of the charge, the legal classification of the firearm or weapon, and the relevant licence, registration and authorisation records. A valid firearms licence does not, by itself, answer every allegation. The defence must address the particular offence, any applicable prohibition and the exceptions that may apply.

Examining the Allegation of Possession.

When a weapon is found in a shared vehicle or residence, the evidence connecting it to the accused person matters. Knowledge, access and control may be disputed. Other occupants may have used the same space or given accounts that conflict with the physical evidence.

Police notes, messages, photographs, recordings, fingerprints and DNA evidence may support different conclusions about who possessed the item. Close analysis can reveal gaps in that connection or weaknesses in the inference advanced by the Crown Attorney. The defence must address what the evidence establishes about the individual client.

The Search and the Evidence.

How police obtained the evidence can be central to the defence. The basis for a stop, detention or search, the terms of a warrant and the information used to obtain it each require attention. Police accounts may also need to be compared with recordings and the records showing how evidence was collected, stored and tested.

Stellar Law examines these issues to identify grounds for a challenge, outstanding disclosure and technical evidence that may require independent analysis. Where a Charter breach is alleged, the argument must address both the breach and the remedy sought. Exclusion of evidence is not automatic; the court must apply the relevant legal test.

Bail and Existing Orders.

For someone held in custody, the immediate concern is bail. A proposed release plan needs to address the allegations, any prior orders and the concerns raised about release. Rana and her team work with the client and available supporters on practical arrangements, including accommodation or supervision where appropriate, and prepare the submissions for the hearing.

Existing orders also matter to the defence. A firearms prohibition and a condition in a release document require separate examination of their wording, scope and status. Section 117.01 addresses possession of specified items while prohibited by an order under the Criminal Code or another federal Act, subject to its statutory exception. Any alleged breach must be assessed against the actual order and the charge laid.

Decisions About Resolution and Trial.

A decision about resolution or trial should rest on a clear assessment of the evidence, the available defences and the consequences for the client. Weaknesses in the Crown Attorney’s case may affect those discussions. Where the allegations remain contested, preparation includes the evidentiary challenges and questioning needed to test the case at trial.

Stellar Law provides advice directed to those decisions, explaining the strengths and vulnerabilities of the case and the work each course requires. The proposed scope of representation, fees and retainer arrangements are discussed before the client commits.

Discuss Representation.

Call Us or Book a Telephone Consultation to discuss the allegation and the next court date. Have the charge documents, release paperwork and any relevant orders available. For someone being held for a bail hearing, call directly. After-hours calls for urgent bail matters are accepted, including evenings and weekends.

Questions About Representation