Criminal Code, section 85(1)

Using a firearm in the commission of an offence

What the law says

Maximum
14 years
Mandatory minimum
No mandatory minimum
Kind of offence
Firearms

Indictable only. Mandatory minimums repealed by S.C. 2022, c. 15 (Bill C-5). Sentence must still run consecutively to any other sentence for the same events (s.85(4)).

Read the statute on the Justice Laws website

3 cases with this offence

  1. October 30, 2025
    R. v. LeRoy, 2025 NSSC 360Assault causing bodily harm; Aggravated assault; Uttering threats to cause death or bodily harm; Forcible confinement; Robbery; Using a firearm in the commission of an offence; Pointing a firearm, Sydney. Justice D. Timothy Gabriel
    • On release at the time
    Long-term offender: 10 years imprisonment (counts concurrent, consecutive to sentences already being served), then a 10-year long-term supervision order; lifetime firearms prohibition
  2. March 20, 2024
    R. v. Bowcock, 2024 BCSC 1300Attempted murder; Aggravated assault; Using a firearm in the commission of an offence, Surrey. Justice Trevor C. Armstrong
    • Below the Crown's ask
    15 years global (14 years attempted murder, 7 years concurrent aggravated assault, 1 year consecutive firearm use), less 1,335 days credit
  3. August 19, 2022
    R. v. Laglace, 2022 BCSC 1773Aggravated assault; Forcible confinement; Robbery with a restricted or prohibited firearm; Using a firearm in the commission of an offence; Occupant of a motor vehicle knowing there is a firearm; Kidnapping with a restricted or prohibited firearm, Dawson Creek. Justice Carla L. Forth
    Five years' incarceration less 1,145 days pre-sentence credit (681 days left to serve), then 24 months probation

Judges who sentenced this offence

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