Legal Project Management Plan & Checklist
Defend charges of possessing a loaded restricted firearm under section 95 of the Criminal Code, covering reverse onus bail and Bill C-5 sentencing.
What is a section 95 firearms offence in Canada?: Under section 95(1) of the Criminal Code, it is a highly serious offence to possess a loaded prohibited or restricted firearm, or an unloaded one together with readily accessible ammunition, without the necessary authorization. The mens rea requires subjective knowledge that the weapon is restricted/prohibited and loaded.
What are the penalties for a section 95 loaded firearm offence?: Following Bill C-21 and Bill C-5 amendments, section 95 carries a maximum penalty of 14 years imprisonment on indictment. Crucially, Bill C-5 repealed the unconstitutional mandatory minimum sentences (previously struck down in R. v. Nur). This restores judicial discretion and makes Conditional Sentence Orders (CSOs) legally available. However, a conviction triggers a mandatory section 109 weapons prohibition (lifetime for restricted/prohibited, 10 years for ordinary weapons).
Jurisdiction: Provincial Court or Superior Court of Justice, depending on the Crown's election (hybrid) and the defendant's mode of trial election.
The Process at a Glance: A section 95 charge immediately triggers a reverse onus bail hearing under section 515(6)(a)(vi), requiring a highly structured release plan. Defence strategy focuses on Charter challenges to the search and seizure, contesting the 'readily accessible' ammunition element, and cross-examining forensic analysts. If convicted, sentencing advocacy leverages the Bill C-5 repeal of mandatory minimums to argue for community-based sentences where appropriate.
Key Legislation and Case Law: Governed by section 95 of the Criminal Code. The repeal of mandatory minimums was finalized in Bill C-5, responding to the SCC decision in R v Nur [2015] 1 SCR 773. Bail reverse onus provisions are governed by section 515(6)(a)(vi) and expanded by Bill C-48.
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