The team at Whitehorse Law is led by lawyer, Luke Faught, a very experienced and knowledgeable firearms owner. Luke's personal experience and knowledge provides his clients extra legal protection when facing firearms related offences.
Firearms charges in the Yukon are prosecuted under the Criminal Code of Canada. A firearm is defined in the Criminal Code as “a barrelled weapon capable of discharging a projectile capable of causing bodily harm”.
Common charges include unauthorized possession, careless storage, possession of a prohibited or restricted firearm, possession of a firearm while prohibited, or using a firearm during another offence. Some firearm-related offences carry serious penalties even where nobody was hurt or the firearm was not used.
These matters are treated seriously because firearms charges often overlap with allegations about violence, trafficking, gangs, or breaches of court orders. Even a single firearm charge can cause you serious problems.
In the Yukon, many citizens want or need to possess a firearm so they can hunt for food or carry it for protection in the Yukon wilderness.
A firearms charge can jeopardize this lifestyle and leave you vulnerable. In many cases, the practical consequences are just as serious as the sentence itself. A conviction can affect your current licence status and your ability to lawfully possess firearms in the future.
Penalties can include jail, mandatory bans on possessing firearms, probation, forfeiture of the firearm, a criminal record, and conditions that affect work, hunting, travel, and family life. Using a firearm during an indictable offence can carry up to 14 years’ imprisonment, and other firearm offences can also bring significant jail exposure.
Firearms charges arise frequently out of chance traffic stops, domestic calls, search warrants, vehicle searches, or investigations into other alleged offences. Police may seize firearms first and sort out the legal details later, which is why the early stages of a file matter so much.
The Crown will usually focus on possession, ownership, storage, registration status, and whether the firearm was accessible or connected to another alleged offence. Defence work often depends on the facts of where the firearm was found and how police obtained it.
As the Crown bears the burden of proof in every criminal case, they must also prove beyond a doubt that the item in question is a “firearm” as defined above. Sometimes the Crown has surprising difficulty proving this.
Luke Faught and his team at Whitehorse Law can assess whether whether the charge is really as strong as it looks. Did the RCMP have lawful grounds to search or seize? Can the Crown can prove possession or knowledge?
Luke’s approachable style helps his clients understand the process without legal jargon or judgement.
We can also work on bail, disclosure, negotiations, and trial strategy while keeping the focus on protecting your rights and reducing long-term damage. If the case is defensible, we will help you fight it; if resolution is the better path, Luke will explain that clearly too.
If you’ve been charged, don’t try to guess your way through it. Talk to Whitehorse Law and get straightforward advice about the next best step you should take.
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