Charged With Weapons Possession in Nunavut? What Happens Next

What a weapons possession charge means

A weapons possession charge is not just one offence. It usually means one or more offences in sections 88 to 92 of the Criminal Code. They apply the same way in Nunavut as everywhere else in Canada. For a national overview, see our guide to possession of weapons charges.

The main offences are:

• Section 88, possession for a dangerous purpose: carrying or possessing a weapon, imitation weapon, prohibited device or ammunition for a purpose dangerous to the public peace, or to commit an offence.
• Section 89, carrying a weapon at a public meeting: carrying a weapon, prohibited device or ammunition while attending or on the way to a public meeting, without lawful excuse.
• Section 90, carrying a concealed weapon: carrying a weapon, prohibited device or prohibited ammunition hidden, unless you are authorized under the Firearms Act to carry it concealed.
• Section 91, unauthorized possession: possessing a firearm without a valid licence, or a restricted or prohibited firearm without a registration certificate. It also covers prohibited or restricted weapons, prohibited devices and prohibited ammunition held without a licence.
• Section 92, possession knowing it is unauthorized: the same kind of possession, but where you knew you were not licensed or the item was not registered.

The Criminal Code defines a weapon broadly. It includes anything used, designed to be used or intended to be used to cause death or injury, or to threaten or intimidate. A knife, a tool or another everyday object can count as a weapon depending on how it was used or what it was meant for. The same object carried for work or hunting may not be a weapon at all.

Possession also has a legal meaning. The Crown must usually show you knew about the item and had some control over it. If it was in a home, vehicle or bag shared with others, possession can be much harder to prove.

The Crown is the prosecutor who brings the case for the public. The Crown must prove every element beyond a reasonable doubt. Until then, you are presumed innocent.

Offences are either summary (less serious, simpler procedure), indictable (more serious) or hybrid. For a hybrid offence, the Crown chooses which way to proceed. Sections 88, 90 and 91 are hybrid. Section 89 is summary only. Section 92 is indictable only.

What happens after a charge in Nunavut

Arrest and release

After an arrest, police may release you on an undertaking, a written promise to attend court and follow certain conditions. They may instead hold you for a bail hearing, where a justice or judge decides whether to release you on a release order.

Conditions in weapons cases often include not possessing any weapons or firearms, handing in your firearms licence, staying away from certain people or places, and living at a set address. Breaking a condition is a separate criminal offence, even if the original charge is later dropped. In some firearm cases, particularly where someone was already under a weapons prohibition, the law can put the onus on you to show why you should be released.

If you are Indigenous, the Criminal Code requires the court at bail to give particular attention to your circumstances. This includes Inuit accused in Nunavut.

Who prosecutes in Nunavut

In the territories, Criminal Code offences are prosecuted by the Public Prosecution Service of Canada (PPSC), a federal service. A PPSC prosecutor reviews the police file and decides whether to continue. That decision looks at whether there is a reasonable prospect of conviction and whether a prosecution is in the public interest. Charges can be continued, changed, reduced or withdrawn.

First appearance

Your case will be heard in the Nunavut Court of Justice. It is a single, unified trial court that handles both the matters other provinces split between provincial and superior courts.

The first appearance is usually short. Nobody expects you to plead guilty or not guilty that day. You or your lawyer can ask for disclosure and an adjournment. If you have no lawyer yet, tell the court you are getting one.

Disclosure

Disclosure is the Crown's evidence: police notes, witness statements, photos, video, and any firearms or forensic reports. You have a constitutional right to it. Your lawyer cannot properly advise you until it has been reviewed.

The Crown's election and your election

For the hybrid offences in sections 88, 90 and 91, the Crown elects (chooses) summary or indictable. That choice affects the maximum penalty and some procedures. If the case goes ahead by indictment, including any section 92 charge, you may have a choice of trial by judge alone or by judge and jury. A lawyer can explain which option suits your situation.

Resolution or trial

Many weapons cases end without a trial. Charges may be withdrawn, resolved by a peace bond (a court order to keep the peace, explained below), or resolved by a plea to the same or a lesser charge. Others go to trial. What fits depends entirely on the evidence and on your own decision, made with legal advice.

How long it takes

Simple cases may take a few months; contested cases can take a year or more. Under the Supreme Court's Jordan decision, delay is presumed unreasonable beyond 18 months for cases tried in a provincial-level court, and 30 months for superior court cases. How these ceilings apply in Nunavut's unified court can depend on how the case proceeds. Delay caused by the defence does not count.

Possible penalties

Since 2019, the general maximum for a summary conviction is two years less a day in jail and/or a $5,000 fine.

Bill C-5 (2022) repealed the mandatory minimum jail terms that used to apply to repeat section 92 offences. It also widened the use of conditional sentences. Parliament has continued to debate bail and sentencing rules for firearm offences, so a lawyer should confirm the law in force when your case is decided.

What sentences can look like

A maximum is not a typical sentence. Depending on the facts, outcomes may include:

• Absolute discharge: a finding of guilt but no conviction and no conditions.
• Conditional discharge: no conviction if you complete probation conditions.
• Fine, alone or with probation.
• Probation: supervision in the community with conditions.
• Conditional sentence: a jail term served in the community under strict conditions, often including house arrest.
• Jail, more likely where a loaded or prohibited firearm, violence, threats or a serious record is involved.

Factors that often matter include:

• the type of weapon and whether it was loaded or accessible;
• where you had it and why;
• whether anyone was threatened or hurt;
• your record and personal circumstances;
• steps you have taken since the charge.

For Inuit and other Indigenous people, section 718.2(e) requires judges to consider your background and alternatives to jail (often called Gladue principles).

Weapons prohibitions and forfeiture

A conviction can lead to a weapons prohibition order under section 109 (mandatory for certain offences) or section 110 (discretionary). Seized weapons can be forfeited. If you hunt or rely on a firearm to feed your family, section 113 allows a court to make exceptions to a prohibition for sustenance or employment. Raise this with your lawyer early.

Other consequences in Nunavut

• Criminal record: a conviction creates a record. An absolute discharge is removed from the federal records system after one year, and a conditional discharge after three years.
• Record suspension: you can apply to the Parole Board of Canada after completing your whole sentence. The waiting period is 5 years for a summary conviction and 10 years for an indictable conviction.
• Firearms licence: a charge or conviction can lead to your licence being revoked or refused, even apart from any court order.
• Travel to the United States: US border officials decide admissibility under their own law. A weapons conviction can cause problems and may require a waiver.
• Immigration: for non-citizens, sections 88 and 92 carry 10-year maximums. That can count as serious criminality under immigration law even if the Crown proceeds summarily. Speak with an immigration lawyer before any plea.
• Employment: jobs that need security clearance, firearms use or work with vulnerable people may be affected.

Common defences and issues a lawyer will look at

Every case is different. A lawyer will usually examine:

• Possession: did you know the item was there, and did you control it? Shared homes, vehicles and borrowed bags raise real questions.
• Was it a weapon? Many items are only weapons because of intended use. A knife carried for hunting, fishing or work is different from one carried to threaten.
• Purpose (s. 88): the Crown must prove a dangerous purpose, not just possession.
• Concealment (s. 90): the Crown generally must show you knowingly hid something you knew was a weapon.
• Licensing (ss. 91 and 92): whether you held a valid licence or registration, and for section 92, whether you actually knew you did not.
• Classification: whether a firearm or device is legally prohibited or restricted can be technical and may need expert evidence.
• Charter rights: whether a search was unreasonable (s. 8), whether you were arbitrarily detained (s. 9), and whether police told you about and respected your right to a lawyer (s. 10(b)). Evidence obtained in breach of the Charter can sometimes be excluded under section 24(2).
• Delay: the right to be tried within a reasonable time (s. 11(b)).

How common is this charge in Nunavut?

According to Statistics Canada police-reported data (table 35-10-0177), Nunavut police recorded 63 possession of weapons incidents in 2025. That is a rate of 150.61 per 100,000 people, about three times the Canadian rate of 50.06. Nine people were charged that year.

In 2024, the rate was 115.91 (48 incidents, 7 persons charged). In 2023, it was 140.05 (57 incidents, 10 persons charged). The 2025 rate is the highest from 2016 to 2025. The lowest was 72.34 in 2021.

Because Nunavut's population is small, a handful of incidents can move the rate sharply from year to year. The number of people charged has generally been lower in recent years than in 2016 to 2019, when it ranged from 13 to 16. Nationally, the rate rose steadily from 35.03 in 2016 to around 50 in 2024 and 2025.

Police-reported figures count incidents, not convictions. For more figures, see our Nunavut crime statistics, and for recent cases, Nunavut crime news.

If you are the victim or complainant

If someone threatened you with a weapon or you believe someone is carrying one dangerously, you can report it to police. In an emergency, call 911 where available or your local police. Police investigate and may lay charges. A PPSC prosecutor then decides whether the case goes ahead. The Crown represents the public, not you personally, but you have rights under the Canadian Victims Bill of Rights. These include the right to information about the case, to protection, and to present a victim impact statement at sentencing.

Ask police or the Crown about victim services available in your community. They can help with safety planning, court updates and support.

If you fear for your safety, tell police or the Crown. The accused may be ordered not to contact you or go near your home. Report any breach. A peace bond under section 810 is another option: a court order requiring someone to keep the peace and follow conditions, such as no contact and no weapons, for up to a year. You may apply for one even if no charge is laid. You can also get your own legal advice about your options.

When to speak with a lawyer

The best time to get advice is as early as possible:

• before you talk to police;
• before your first appearance;
• before you agree to any bail conditions or resolution.

You have the right to remain silent. Politely saying you want to speak to a lawyer first is not an admission of anything.

If cost is a concern, contact the Legal Services Board of Nunavut, which provides legal aid in the territory. Ask about eligibility as soon as you are charged.

People charged can request a free, confidential first consultation through an independent criminal defence lawyer here, and victims or complainants can do so here.

This guide is general information about the law in Nunavut, not legal advice. Every case depends on its own facts, so speak with a lawyer about your situation.

Frequently asked questions

Do I need a weapons possession lawyer in Nunavut?

It is strongly recommended. Weapons charges can involve technical questions about what counts as a weapon, licensing, possession and Charter rights. They can also lead to prohibition orders that affect hunting. A lawyer can review disclosure, deal with the PPSC prosecutor and protect your rights in the Nunavut Court of Justice. If cost is a concern, contact the Legal Services Board of Nunavut about legal aid.

Will I go to jail for weapons possession in Nunavut?

Not necessarily. Sentences range from discharges and fines to probation, conditional sentences and jail. The outcome depends on the weapon, whether it was loaded or used to threaten anyone, your record and your personal circumstances. Gladue principles apply to Inuit and other Indigenous people. There are currently no mandatory minimum jail terms for sections 88 to 92.

Can I still hunt if I am charged with a weapons offence?

Your bail conditions may ban you from possessing any weapons or firearms while the case is ongoing, so read them carefully. If you are convicted, a weapons prohibition order may follow. Section 113 of the Criminal Code allows a court to make exceptions for sustenance or employment. Ask your lawyer to raise this early, especially if you rely on hunting to feed your family.

Is carrying a knife illegal in Nunavut?

Carrying a knife for work, hunting or everyday tasks is not a crime in itself. A knife can become a weapon in law if it is used or intended to injure, threaten or intimidate. Carrying it concealed, carrying it for a dangerous purpose, or possessing a prohibited knife can lead to charges. The facts and your purpose matter a great deal.

What is the difference between section 91 and section 92?

Both cover possessing a firearm or other regulated item without the required licence or registration. Section 91 is a hybrid offence with a maximum of five years if prosecuted by indictment. Section 92 requires proof that you knew your possession was unauthorized. It is indictable only, with a maximum of ten years. Mandatory minimums for repeat section 92 offences were repealed in 2022.

Will a weapons possession charge give me a criminal record?

A charge alone is not a conviction. If you are convicted, you will have a criminal record. You can apply for a record suspension 5 years after completing a summary sentence or 10 years after an indictable one. Absolute and conditional discharges are not convictions and are removed from federal records after one and three years.