Backgrounder

Mandatory Minimum Penalties

At the heart of the government proposal to toughen sentencing for serious gun offences is a system of escalating penalties for both “use” offences (where a firearm is used in the commission of the offence) and “non-use” offences (for example, trafficking in and smuggling of firearms).

Tougher mandatory minimum penalties (MMPs) are proposed for the following serious Criminal Code offences involving the use of a firearm: attempted murder; discharging a firearm with intent; sexual and aggravated sexual assault; kidnapping; hostage taking; robbery and extortion.

If a restricted or prohibited firearm such as a handgun is used in the commission of these offences, or if the offence is committed in connection with a gang, the mandatory minimum sentences would be:

• 5 years (on a first offence)
• 7 years (if accused has one prior “use” conviction)
• 10 years (if accused has more than one prior “use” conviction)

New or higher MMPs are proposed for several serious “non-use” offences in the Criminal Code: unauthorized possession of a restricted or prohibited firearm with ammunition; firearms trafficking; possession for the purpose of trafficking; making an automatic firearm and firearms smuggling; also, for a new offence that would be created – robbery where a firearm is stolen.

The mandatory minimum sentences would be:

• 3 years (on first offence)
• 5 years (if accused has one prior “use” or serious “non-use” conviction)

The MMPs below are proposed for: the “non-use” offences in the Criminal Code of possession of a firearm obtained by crime and possession of a firearm contrary to a court order; a new offence that would be created – breaking and entering and stealing or intending to steal a firearm; and, for a separate offence of “using” a firearm or imitation firearm in the commission of other offences.

• 1 year (on first offence)
• 3 years (if accused has one prior “use” or serious “non-use” conviction)
• 5 years (if accused has more than one prior “use” or serious “non-use” conviction)

These MMPs will ensure that sentencing is proportionate to the seriousness of offences that involve gun and gang violence.

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Department of Justice
May 2006