Criminal Code

Marginal note:Discharging firearm — recklessness

• 244.2 (1) Every person commits an offence

  • (a) who intentionally discharges a firearm into or at a place, knowing that or being reckless as to whether another person is present in the place; or

  • (b) who intentionally discharges a firearm while being reckless as to the life or safety of another person.

• Definition of place

  (2) For the purpose of paragraph (1)(a), place means any building or structure — or part of one — or any motor vehicle, vessel, aircraft, railway vehicle, container or trailer.

• Marginal note:Punishment

  (3) Every person who commits an offence under subsection (1) is guilty of an indictable offence and

  • (a) if a restricted firearm or prohibited firearm is used in the commission of the offence or if the offence is committed for the benefit of, at the direction of or in association with a criminal organization, is liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of

    • (i) five years, in the case of a first offence, and

    • (ii) seven years, in the case of a second or subsequent offence; and

  • (b) in any other case, is liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of four years.

• Marginal note:Subsequent offences

  (4) In determining, for the purpose of paragraph (3)(a), whether a convicted person has committed a second or subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence:

  • (a) an offence under this section;

  • (b) an offence under subsection 85(1) or (2) or section 244; or

  • (c) an offence under section 220, 236, 239, 272 or 273, subsection 279(1) or section 279.1, 344 or 346 if a firearm was used in the commission of the offence.

  However, an earlier offence shall not be taken into account if 10 years have elapsed between the day on which the person was convicted of the earlier offence and the day on which the person was convicted of the offence for which sentence is being imposed, not taking into account any time in custody.

• Marginal note:Sequence of convictions only

  (5) For the purpose of subsection (4), the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction.