Criminal Code

Marginal note:Using firearm in commission of offence

• 85 (1) Every person commits an offence who uses a firearm

  • (a) while committing an indictable offence, other than an offence under section 220 (criminal negligence causing death), 236 (manslaughter), 239 (attempted murder), 244 (causing bodily harm with intent — firearm), 272 (sexual assault with a weapon) or 273 (aggravated sexual assault), subsection 279(1) (kidnapping) or section 279.1 (hostage-taking), 344 (robbery) or 346 (extortion),

  • (b) while attempting to commit an indictable offence, or

  • (c) during flight after committing or attempting to commit an indictable offence,

  whether or not the person causes or means to cause bodily harm to any person as a result of using the firearm.

• Marginal note:Using imitation firearm in commission of offence

  (2) Every person commits an offence who uses an imitation firearm

  • (a) while committing an indictable offence,

  • (b) while attempting to commit an indictable offence, or

  • (c) during flight after committing or attempting to commit an indictable offence,

  whether or not the person causes or means to cause bodily harm to any person as a result of using the imitation firearm.

• Marginal note:Punishment

  (3) Every person who commits an offence under subsection (1) or (2) is guilty of an indictable offence and liable

  • (a) in the case of a first offence, except as provided in paragraph (b), to imprisonment for a term not exceeding fourteen years and to a minimum punishment of imprisonment for a term of one year;

  • (b) in the case of a first offence committed by a person who, before January 1, 1978, was convicted of an indictable offence, or an attempt to commit an indictable offence, in the course of which or during flight after the commission or attempted commission of which the person used a firearm, to imprisonment for a term not exceeding fourteen years and to a minimum punishment of imprisonment for a term of three years; and

  • (c) in the case of a second or subsequent offence, to imprisonment for a term not exceeding fourteen years and to a minimum punishment of imprisonment for a term of three years.

• Marginal note:Sentences to be served consecutively

  (4) A sentence imposed on a person for an offence under subsection (1) or (2) shall be served consecutively to any other punishment imposed on the person for an offence arising out of the same event or series of events and to any other sentence to which the person is subject at the time the sentence is imposed on the person for an offence under subsection (1) or (2).