Report on Mandatory Sentences - Law Reform Commission

possession of a firearm knowing its possession is unauthorised, 100 and (ii) possession of a prohibited
weapon, device or ammunition knowing its possession is unauthorised. 101 Alternatively, where this
constitutes his or her third or subsequent conviction for a specified offence, a conviction for either of these
possession offences will attract a minimum sentence of two years less a day.
5.63 Second, where this constitutes his or her second or subsequent conviction for a specified
offence, an offender convicted of one of the following offences will attract a minimum sentence of three
years: (i) using a firearm in the commission of an offence, 102 and (ii) using an imitation firearm in the
commission of an offence. 103 Third, where this constitutes his or her second or subsequent conviction for
a specified offence, an offender convicted of one of the following offences will attract a minimum sentence
of five years: (i) possession of a prohibited or restricted firearm with ammunition; 104 (ii) weapons
trafficking; 105 (iii) possession of a firearm, a prohibited device, any ammunition or any prohibited
ammunition for the purpose of weapons trafficking; 106 and (iv) importing or exporting a firearm, a
prohibited device or any prohibited ammunition, knowing it is unauthorized. 107
5.64 Finally, an offender who uses a firearm in the commission of certain violent offences will attract
a minimum sentence of 7 years where: (a) this is his or her second or subsequent conviction for using a
firearm in one of these violent offences, and (b) prescribed circumstances exist. Specifically, this
provision will apply where the firearm used is restricted or prohibited or where any firearm is used in
connection with a criminal organisation. 108 Where a firearm is thus used in their commission, the
following offences attract the prescribed minimum 7-year sentence: (i) attempted murder; 109 (ii)
discharging a firearm with intent; 110 (iii) recklessly discharging a firearm; 111 (iv) sexual assault with a
weapon (threats to a third party or causing bodily harm); 112 (v) aggravated sexual assault; 113 (vi)
kidnapping; 114 (vii) hostage-taking; 115 (viii) robbery; 116 and (ix) extortion. 117
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Section 92(1) of the Criminal Code.
Section 92(2) of the Criminal Code.
Section 85(1) of the Criminal Code.
Section 85(2) of the Criminal Code.
Section 95(1) of the Criminal Code.
Section 99(1) of the Criminal Code.
Section 100(1) of the Criminal Code.
Section 103(2) of the Criminal Code.
Raaflaub Legislative Summary LS-525E: Bill C-10: An Act to Amend the Criminal Code (Minimum Penalties
for Offences involving Firearms) and to Make a Consequential Amendment to another Act (Parliamentary
Information and Research Service, 2007) at 10. Available at:
www.parl.gc.ca/Content/LOP/LegislativeSummaries/39/1/c10-e.pdf [Last accessed: 22 May 2013].
Section 239 of the Penal Code.
Section 244 of the Penal Code.
Section 244.2 of the Penal Code.
Section 272 of the Penal Code.
Section 273 of the Penal Code.
Section 279 of the Penal Code.
Section 279.1 of the Penal Code.
Section 344 of the Penal Code.
Section 346 of the Penal Code.
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