section 99(2)


Committing an offense with a firearm or prohibited device can result in up to 10 years imprisonment and a mandatory minimum sentence of 3 or 5 years depending on the number of offenses.


99(2) Every person who commits an offence under subsection (1) where the object in question is a firearm, a prohibited device, any ammunition or any prohibited ammunition is guilty of an indictable offence and liable to imprisonment for a term not exceeding 10 years and to a minimum punishment of imprisonment for a term of (a) in the case of a first offence, three years; and (b) in the case of a second or subsequent offence, five years.


Section 99(2) of the Criminal Code of Canada outlines the consequences for the possession or use of prohibited items during the commission of an offense. This section specifically covers situations where a firearm, prohibited device, ammunition, or prohibited ammunition is involved, and outlines the penalties for offenders. The Criminal Code prohibits the possession and use of certain items, such as firearms, to prevent harm and promote public safety. Section 99(2) speaks to the seriousness of these offenses, particularly when they occur in conjunction with other criminal activity. Under this section, anyone who commits an offense under subsection (1) - which pertains to Criminal Code offenses such as robbery, extortion, and breaking and entering - while in possession of a prohibited item will be guilty of an indictable offense. The penalties for such an offense include a maximum of 10 years imprisonment, as well as a minimum punishment of three years for a first offense and five years for subsequent offenses. The intent behind this section is to discourage the use of prohibited items during the commission of a crime and to hold offenders accountable for their actions. The harsh penalties imposed by this section serve as a deterrent to discourage individuals from using firearms or other dangerous items during the commission of an offense. Overall, section 99(2) is an important provision within the Criminal Code of Canada. It underscores the seriousness of using prohibited items during criminal activity and emphasizes the importance of public safety and protection.


Section 99(2) of the Criminal Code of Canada pertains to individuals who have been found guilty of committing an offence under subsection (1) involving a firearm, prohibited device, ammunition, or prohibited ammunition. In such cases, the individual is subject to imprisonment for up to 10 years and mandatory minimum imprisonment terms of either three or five years, depending on whether it is their first or subsequent offence. This section of the Criminal Code of Canada is meant to deter individuals from committing crimes involving deadly weapons. The mandatory minimum sentences are particularly noteworthy, as they indicate the seriousness with which the Canadian legal system views firearm-related offences. The fact that minimum sentences are enforced for these crimes makes it clear that these offences are considered particularly egregious, meriting severe punishment as a deterrent for future occurrences. Furthermore, the inclusion of this section of the Criminal Code serves as a reminder that firearm offences come with severe consequences, regardless of the specific circumstances of the crime. The use of a firearm during the commission of any crime exacerbates the situation and puts more lives at risk. Therefore, it is important to take a harsh stance against firearms-related offences, as they pose a risk to the safety and well-being of individuals both directly and indirectly involved. Moreover, the inclusion of this section of the Criminal Code can also be seen as an acknowledgement of the unique dangers associated with firearms as compared to other tools or weapons. Firearms have the potential to cause much greater harm and can be used from long distances, making them particularly deadly weapons. Additionally, firearms are often viewed as more lethal than other types of weapons, giving them the potential to cause greater harm. In practice, the implementation of this section of the Criminal Code has been met with mixed reactions. Some critics argue against mandatory minimum sentences and advocate for more individualized and rehabilitative approaches. The argument here is that preventing a crime from happening, ideally through education programs or support networks such as mental health services, should be the primary focus, rather than punishing individuals after the fact with lengthy prison sentences. Overall, section 99(2) of the Criminal Code of Canada is a crucial aspect of the legal system in regards to firearm-related offences. It emphasizes the severity of these crimes and seeks to deter individuals from committing them, while also acknowledging the unique harm that can be caused by the use of firearms. While there may be criticisms and calls for change, it remains a vital part of the Canadian legal framework in dealing with these types of offences.


Section 99(2) of the Criminal Code of Canada imposes harsh penalties on individuals who commit an offence with a firearm, prohibited device, ammunition, or prohibited ammunition. As such, it is important for lawyers and their clients to consider strategic factors when dealing with this section of the Criminal Code. One effective strategy when dealing with section 99(2) is to examine whether the prosecution can prove beyond a reasonable doubt that the accused committed the alleged offence. This involves conducting a thorough review of the evidence in the case. For example, the defence team may need to scrutinize the chain of custody for the firearm or ammunition in question, as well as any forensic evidence that was collected at the scene of the crime. It may also be necessary to depose witnesses and determine whether there are any holes in the prosecution's case. Another key consideration when dealing with this section of the Criminal Code is the accused's criminal history. If the accused has a prior conviction for a firearms offence, the minimum term of imprisonment they face upon conviction under section 99(2) doubles to five years. As such, it may be necessary to consider alternative strategies such as negotiating a plea bargain or seeking a reduced sentence in exchange for a guilty plea. For example, the defence team may seek to have the accused plead guilty to a lesser offence, such as possession of a prohibited device, which carries less severe penalties. In some cases, it may be possible to challenge the constitutionality of section 99(2). For example, a defence team may argue that the section violates the Charter of Rights and Freedoms or other constitutional provisions. This could involve filing a motion to have the section declared unconstitutional, or using constitutional arguments as part of the overall defence strategy. Other strategic considerations when dealing with section 99(2) could include seeking to have the charges stayed due to an abuse of process, such as police misconduct or prosecutorial misconduct. Alternatively, the defence team could argue that the accused lacked intent or knowledge of the nature of the object in question, or that they were acting under duress or in self-defence. Ultimately, the best strategy will depend on the specific facts and circumstances of the case at hand. Lawyers and their clients should work closely together to develop a comprehensive defence strategy that takes into account all relevant legal and factual considerations. By doing so, they can help to maximize the chances of a successful outcome and minimize the impact of any potential penalties under section 99(2) of the Criminal Code of Canada.