Use of Weapons Offences (Sentencing Cases)

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Offence Wording

Duty of care re explosive

79 Every one who has an explosive substance in his possession or under his care or control is under a legal duty to use reasonable care to prevent bodily harm or death to persons or damage to property by that explosive substance.
R.S., c. C-34, s. 77.

– CCC (CanLII), (DOJ)

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Breach of duty

80. Every one who, being under a legal duty within the meaning of section 79 [duty of care re explosives], fails without lawful excuse to perform that duty, is guilty of an indictable offence and, if as a result an explosion of an explosive substance occurs that

(a) causes death or is likely to cause death to any person, is liable to imprisonment for life; or

(b) causes bodily harm or damage to property or is likely to cause bodily harm or damage to property, is liable to imprisonment for a term not exceeding fourteen years.

R.S., c. C-34, s. 78.
[annotation(s) added]

– CCC (CanLII), (DOJ)

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Using explosives

81 (1) Every one commits an offence who

(a) does anything with intent to cause an explosion of an explosive substance that is likely to cause serious bodily harm or death to persons or is likely to cause serious damage to property;

(b) with intent to do bodily harm to any person

(i) causes an explosive substance to explode,

(ii) sends or delivers to a person or causes a person to take or receive an explosive substance or any other dangerous substance or thing, or

(iii) places or throws anywhere or at or on a person a corrosive fluid, explosive substance or any other dangerous substance or thing;

(c) with intent to destroy or damage property without lawful excuse, places or throws an explosive substance anywhere; or

(d) makes or has in his possession or has under his care or control any explosive substance with intent thereby

(i) to endanger life or to cause serious damage to property, or

(ii) to enable another person to endanger life or to cause serious damage to property.

Punishment

(2) Every one who commits an offence under subsection (1) [using explosives] is guilty of an indictable offence and liable

(a) for an offence under paragraph (1)(a) [causes explosion with intent to cause damage, harm or death] or (b) [uses explosives or dangerous substance with intent to harm], to imprisonment for life; or

(b) for an offence under paragraph (1)(c) [places or throws explosive with intent to damage] or (d) [make or possess explsive with intent to endanger life, damage property], to imprisonment for a term not exceeding fourteen years.

R.S., c. C-34, s. 79.
[annotation(s) added]

– CCC (CanLII), (DOJ)

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Possession of explosive

82 (1) Every person who, without lawful excuse, makes or has in their possession or under their care or control any explosive substance is guilty of

(a) an indictable offence and liable to imprisonment for a term of not more than five years; or

(b) an offence punishable on summary conviction.

Possession in association with criminal organization

(2) Every person who, without lawful excuse, makes or has in their possession or under their care or control any explosive substance for the benefit of, at the direction of or in association with a criminal organization is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years.

R.S., 1985, c. C-46, s. 82; R.S., 1985, c. 27 (1st Supp.), s. 12; 1997, c. 23, s. 2; 2001, c. 32, s. 3(F); 2018, c. 29, s. 5; 2019, c. 25, s. 14.

– CCC (CanLII), (DOJ)

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Use Offences

Case Name	Prv.	Crt.	Sentence	Summary
R v Nungusuituq, 2019 NUCJ 6 (CanLII), per Charlesworth J	NU		3 years imprisonment	Find summaries of case.
R v Yang, 2018 ONCA 230 (CanLII), per curiam	ON	CA		Find summaries of case.
R v Jefferson, 2014 ONCA 434 (CanLII), per curiam	ON	CA	10 years imprisonment	Find summaries of case.
R v GWO, [2009 O.J. No. 5926]	ON		13 months imprisonment
R v Tallon, 2003 CanLII 27268 (ON CA, per Rosenberg JA	ON	CA		Find summaries of case.
R v Dumont, 2001 CanLII 24174 (ON CA, per Labrosse JA (2:1)	ON	CA	1 year CSO	Find summaries of case.
R v LDM, 2001 NSCA 19 (CanLII), per Flinn JA	NS	CA	4 years imprisonment	Find summaries of case.
R v Beardy, 2001 MBCA 34 (CanLII), per Huband JA	MB	CA	1 year imprisonment	Find summaries of case.
R v Forrest, 2000 CanLII 5091 (ON CA, per curiam	ON	CA	18 years imprisonment	Find summaries of case.
R v McLetchie, 1999 CanLII 2759 (ON CA, per curiam	ON	CA	20 months imprisonment (pointing)	Find summaries of case.
R v Senior, 1996 ABCA 71 (CanLII), per curiam	AB	CA	22 years (global)	Find summaries of case.
R v Whalen, 1994 CanLII 10347 (NLSCTD), per Hickman CJ	NL	SC	9 months (assault weapon)	Find summaries of case.

See Also

• Use of Firearms Offences (Sentencing Cases)