firearms

R v Hilbach: SCC Holds Mandatory Minimum Sentence for Firearm Offence is Constitutional

Last year, the Supreme Court of Canada (“SCC”) heard three cases in relation to the constitutionality  of certain firearm  offences with mandatory minimums in the Criminal Code, RSC 1985, c C-46 (the “CC”). This line of cases included: R v Hills, 2023 SCC 2 [Hills], R v Hilbach, 2023 SCC 3 [Hilbach], and R v […]

R v Hilbach: SCC to Hear Constitutional Challenge to Mandatory Minimum Sentence for Firearm Offence

Sentencing Firearms Convictions Without Mandatory Minimums: R v Smickle

In 2012 Justice Anne Molloy of the Ontario Superior Court of Justice ruled that the law mandating three-year mandatory minimum sentences for possession of a loaded, prohibited firearm was unconstitutional. Instead, the respondent, who had been convicted of possession of a loaded, prohibited firearm contrary to section 95 of the Criminal Code, RSC 1985, c […]

BULLETIN: Mandatory Minimum Sentences for Firearms Possession are Unconstitutional, Says ONCA

In a series of six landmark decisions on November 12th, 2013, the Court of Appeal for Ontario (ONCA) struck down the mandatory minimum sentences for possession of prohibited or restricted firearm (with ammunition either loaded or easily accessible; s. 95 of the Criminal Code). The decisions can be found as follows: R v Nur, 2013 […]

R v Dunn: ONCA Checks Itself and Redefines ‘Weapon’ & ‘Firearm’

While the Criminal Code of Canada provides a great many statutory definitions for terms used within, the conception of some of these definitions can evolve over time. This is particularly true with respect to ‘weapon’ and ‘firearm’, as defined in s. 2 of the Code. Indeed, a rare five-judge panel at the Ontario Court of […]