Possession of a weapon dangerous to the public peace?

I was reading this news article:
https://atlantic.ctvnews.ca/mobile/two-men-face-charges-after-police-respond-to-weapons-complaint-in-dartmouth-n-s-1.4910892

Seems like 2 kids were looking at an airsoft gun at Canadian Tire parking lot. Someone saw the gun and called the police. They were charged with s.88 possession of a weapon dangerous to the public peace.

This gets me thinking s.88 is just another blanket law they can use to annoy firearm owners. Especially when doing local sale at Tim Horton's parking lot. I noticed s.88 is not in the 2020 coverage. Would it make sense to add the coverage in the future?

The offence is possession "for a purpose that is dangerous to the public peace."

I would expect that the Crown would have to establish that the intent of the possession was to be dangerous to the public peace.

From the Criminal Code:

dangerous purpose

88 (1) Every person commits an offence who carries or possesses a weapon, an imitation of a weapon, a prohibited device or any ammunition or prohibited ammunition for a purpose dangerous to the public peace or for the purpose of committing an offence.

It will be the difference between weather the public was upset by seeing the airsoft gun, prompting the 911 call, or if the guys had a malicious intent to cause the public distress.

I guess this would qualify as well at an airport in Vancouver...................

That is exactly why insurance is needed. Even with zero chance of conviction the crown can still crush you with the process until you're broke and take a plea.

Originally Posted by A-zone

The offence is possession "for a purpose that is dangerous to the public peace."

I would expect that the Crown would have to establish that the intent of the possession was to be dangerous to the public peace.

From the Criminal Code:

Certainly a lot safer than searching Gang Bangers on street corners Absolute , unadulterated , overreach and bull#### Period / Full Stop

It's the "this isn't actually illegal, but we don't like you and you're dangerous because reasons, so we're going to bend you over for it" law. I know someone who was charged with it because he had a couple pocket knives when he was 16 and out drinking in the woods with his friends. It got dropped in court.

Are airsoft guns considered (imitation) weapons in Canada?

Originally Posted by btabin

Are airsoft guns considered (imitation) weapons in Canada?

Depends on the FPS. If they can do harm they’re legal like BB guns. If they can’t they are illegal replicas. Makes sense right?

Ok... this is of actual concern to some of us. I drive military jeeps with covered airsoft MG’s or dewats on public roads. For the sake of not causing people on edge any unnecessary anxiety they are taken off during covid. Am I looking for a criminal charge next time I do this?