Section 87 of the Criminal Code states that if you point a firearm at someone “without lawful excuse” you can be charged, even if the weapon is not loaded. Those found guilty of an indictable offence could be given a five-year prison term or the charge can be treated as a summary conviction, with reduced penalties.
The common defence of the charge is that the pointing of the firearm was accidental. The pointing was not intentional nor reckless.
Another common defence is the element of “pointing”. If the firearm was not pointed at any persons or their general direction, the Crown then cannot prove the offence beyond a reasonable doubt.
The remaining common defence of this charge is whether the thing being used to point at a person or persons is an actual firearm as defined under the Criminal Code. If the object does not meet the definition of firearm under section 2 of the Criminal Code, then the offence cannot be proven.
Jake Shen can be always reached at 657-390-1131 or jake.shen@11d.ca