Charges & matters we handle
- Possession of a prohibited or restricted firearm (Criminal Code s. 95)
- Careless use or storage of a firearm
- Pointing a firearm
- Possession of a weapon dangerous to the public peace
- Possession contrary to a prohibition order
- Unauthorized possession and trafficking in firearms
- Possession of explosives
What's at stake
Many firearm offences carry mandatory minimum penalties, and serious charges can mean lengthy pre-trial custody given the reverse-onus bail rules. The constitutionality of some mandatory minimums has been litigated, which can affect sentencing strategy.
Bail and your first steps
For a number of firearm offences, the law places the onus on the accused at the bail hearing. A carefully prepared release plan and surety can be decisive. Nicola Circelli has written publicly on the caution required around reverse-onus bail and the Supreme Court's guidance in R v Zora and R v Antic.
How a defence is built
Possession requires knowledge and control — both must be proven. We challenge unlawful searches and seizures under section 8 of the Charter, scrutinize the basis for any warrant, and examine whether the firearm is properly tied to you. Where the evidence was obtained improperly, it may be excluded.
Frequently asked questions
Do firearm charges carry mandatory minimum sentences?
Several do. The exact exposure depends on the specific charge and the circumstances, and the constitutionality of some minimums has been challenged. Early legal advice is important to understand your real exposure.
Is bail harder to get on a firearm charge?
Often, yes. A number of firearm offences carry a reverse onus, meaning you must show why you should be released. A strong, well-prepared release plan and surety are key.
In the news
- Defence raises concerns over delayed disclosure in London explosives caseThe London Free Press reports defence counsel raised concerns about delays in the Crown's disclosure of evidence.
- Bail Reform Should Be Approached with CautionNicola Circelli's contribution to the Middlesex Law Association newsletter on proposed 'reverse onus' bail reform and the Supreme Court's guidance in Zora and Antic.
Related practice areas
- Bail HearingsUrgent bail hearings to get you or a loved one home quickly, on the best possible terms.
- Drug OffencesPossession, trafficking, and production charges. Challenging searches, seizures, and the evidence against you.
- Assault & DomesticAssault, assault causing bodily harm, and domestic allegations handled with discretion and urgency.
Talk to Nicola Circelli
Free, confidential consultation. Available 24/7 for arrests and bail.
This page provides general legal information only; it is not legal advice and does not create a solicitor–client relationship. Outcomes depend on the specific facts of each case.