Using Firearm in Commision of Offence

Facing an allegation that you used a firearm during another offence is one of the most serious situations in criminal law. Mandatory jail, aggressive prosecution, and long-term consequences all come into play the moment this charge is laid.

With over 10 years of defending firearm-related offences in Brampton, I know exactly how quickly these cases escalate and how critical early legal intervention is.

If you've been charged or believe you're under investigation, call me immediately for a confidential consultation.

When the police accuse you of using a firearm in the commission of an offence, they are charging you under section 85 of the Criminal Code—a provision designed to increase penalties when a gun is present during another crime. This isn't a standalone charge. It is an "add-on offence" that sits on top of whatever the Crown says you were doing at the time, whether that's robbery, assault, break, or drug trafficking.

Many people assume the gun must be fired. It doesn't. Under Canadian law, "use" includes:

• Displaying a firearm
• Pointing it
• Carrying it for intimidation
• Producing it during the alleged offence
• Even having it accessible in a way that supports the underlying crime

Because the definition is broad, police often lay this charge even when the evidence is weak or based entirely on assumptions, witness descriptions, or proximity to a firearm.

A conviction under s. 85 almost always brings a mandatory minimum term of imprisonment, even if:

• The Firearm was never fired
• No one was injured
• You have no prior criminal record

1. You committed another indictable offence.
2. You used or had a firearm accessible during that offence.

That simple structure is what makes this charge so dangerous.

A conviction for using a firearm in the commission of an offence triggers mandatory minimum jail sentences under the Criminal Code. These penalties apply even when:

• The Firearm was never discharged
• No one was injured
• You've never been in trouble before

The sentence increases if the Crown alleges the Firearm was loaded, operational, brandished, or used to threaten. When combined with the underlying offence—such as robbery, assault, or drug trafficking—the total exposure can be significant.

In Brampton courts, prosecutors often highlight factors such as:

• Alleged intent to intimidate or control
• Presence of a prohibited or restricted firearm
• "Public safety risk" in a residential or public setting
• Multiple accused or organized activity
• Any claim that planning or preparation was involved

These aggravating elements can dramatically increase sentencing positions.

A conviction has effects far beyond the courtroom. You may face:

• A lifelong criminal record
• Loss of employment or professional licensing
• Immigration complications for non-citizens
• Future weapons prohibitions
• Significant barriers to travel, especially to the United States

This charge carries weight long after the sentence is served, which is why early defence planning is essential.

When Police Believe a Firearm Was Used to Support Another Crime. Most clients are surprised by how quickly this charge is added to a file. In Peel Region, I frequently see s. 85 charges laid in scenarios such as:

1. Robbery or break-and-enter allegations
2. Traffic stops that escalate into firearm investigations
3. Drug trafficking or possession for the purpose
4. Allegations based on CCTV or third-party descriptions
5. Joint enterprise situations involving multiple accused
6. Cases with replicas, BB guns, or inoperable firearms

These situations show how broad and aggressive the application of this charge can be—and why early defence work is crucial.

I focus on the specific weaknesses in the Crown's case. My defence work typically includes:

• Early intervention to protect your rights and control the investigation.
• Challenging whether you actually "used" or even possessed a firearm.
• Charter applications targeting unlawful stops, searches, detention, or questioning.
• Attacking the identification and reliability of witness or CCTV evidence.
• Examining firearm operability and the forensic testing behind it.
• Negotiating reductions or withdrawals to avoid mandatory minimum jail, where possible.

Charges involving the use of a firearm in the commission of an offence carry serious potential penalties under the Criminal Code. Defending these cases often requires careful review of the evidence, including the circumstances of the alleged offence, the classification of the firearm, and the applicability of mandatory sentencing provisions.

If you're facing an allegation that you used a firearm during another offence, you cannot afford delays or mistakes. The consequences are life-altering, and early defence work makes all the difference.

Call me now for a confidential consultation:

(437) 998-1429

I'll speak with you directly, review your situation, and start protecting your future immediately.