The definition of what is a weapon will change drastically depending on the surrounding circumstances. For some items, the question of if it is a weapon is a foregone conclusion. A firearm, for example, will always meet the definition. Other items will require context. For example, a kitchen knife when being used for its intended purpose of chopping produce is not a weapon, but that same item, if used to attack someone would be.

For firearm specific offences there are strict legal definitions of what constitutes a firearm of a specified class (e.g. prohibited, restricted) and the question of whether the item seized meets the definition can require the Crown to lead expert evidence. An experienced Criminal Defence Lawyer will know how to properly cross-examine Crown witnesses generally, and expert witnesses in particular, where such evidence is lead.

Weapons possession charges are also frequently the subject of Charter litigation. Even where the Crown Attorney would otherwise be able to prove their case, a successful Charter motion resulting in a finding that the search which found the weapon was unlawful could lead to the exclusion of that evidence from your trial.

The options for either defending or favourably resolving a charge involving a weapon will be highly dependent on the facts of the specific case. If you have been charged, it is highly recommended that you consult with an experienced Criminal Defence Lawyer to determine what course of action will be best for you.

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