Assault with a Weapon
Assault with a weapon under section 267(a) of the Criminal Code is committed where the accused carries, uses, or threatens to use a weapon — or an imitation of a weapon — in the course of an assault. The offence is hybrid: summary maximum is 2 years less a day, indictable maximum is 10 years. Conviction triggers a mandatory weapons prohibition order under section 109 or 110.
Mass Tsang's assault lawyers handle assault with a weapon charges — including firearm cases — across the GTA. For more, see our blog post on weapons charges in Ontario.
What counts as a weapon
The Criminal Code defines a weapon broadly in section 2. Any object used, designed to be used, or intended to be used to cause death or injury, or to threaten or intimidate, can be a weapon. Firearms and knives are obvious examples. So are bottles, baseball bats, pieces of furniture, motor vehicles, and dogs. Imitation weapons (a realistic-looking toy gun) are also captured. The use or threatened use, not the inherent design, is often what determines weapon status.
Use, carry, or threaten
All three pathways are sufficient. Actual use of a weapon to apply force is the classic scenario. Carrying a weapon during an assault — visible to the complainant — captures cases where the weapon is brandished but not struck. Threatening with the weapon captures cases where the accused does not even produce the weapon but threatens its presence ("I have a knife").
Mens rea
Assault with a weapon is a general-intent offence. The Crown must prove the intent to assault and the awareness that the weapon was being used, carried, or threatened in connection with the assault. Honest mistake about whether an object qualified as a weapon is rarely a defence given the breadth of the definition.
Sentencing
Weapon involvement is a significant aggravating factor. Even first-offender cases without injury commonly attract jail. Firearm involvement triggers mandatory minimum sentences in some configurations (most affected by the Supreme Court's 2022 decision in R v Hilbach and ongoing reform). A weapons prohibition order follows almost every conviction.
Related glossary terms
