Criminal Law: Unauthorized Firearms Possession (Defendant) - Knowing Possession (s. 92)

What are the penalties for section 92 knowing possession?: Section 92 is a strictly indictable offence. There is no summary conviction option for the Crown. The maximum penalty is 10 years imprisonment. Conditional Sentence Orders (CSOs) remain legally available under section 742.1, and DNA orders are discretionary as it is a secondary designated offence.

Jurisdiction: Superior Court of Justice or Provincial Court, depending on the defendant's mode of trial election, as it is a straight indictable offence.

The Process at a Glance: The process typically involves reverse onus bail considerations and rigorous disclosure review. Because it is a straight indictable offence, the defence may elect trial in the Superior Court and request a preliminary inquiry to test the Crown's evidence. Trial litigation focuses intensely on challenging the subjective knowledge element - proving the Crown cannot establish the accused actually knew the possession was unauthorized.

Key Legislation and Case Law: Governed by section 92 of the Criminal Code. Subjective mens rea principles follow the framework established in R v MacDonald [2014] 1 SCR 37. DNA data provisions fall under section 487.051(3).

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