Only a very limited number of individuals are permitted to carry stun guns and tasers in Ontario. Anyone else found doing so is breaking the law and is likely to be charged criminally for possessing a banned weapon.
Understanding the relevant laws, how they are applied in self-defence cases, and the associated penalties for carrying a stun gun, taser or other weapon classified as “banned” in Ontario can prevent costly misunderstandings and mistakes that could lead to a permanent criminal record.
Stun guns and tasers in Ontario: Classifications, similarities, and differences
Stun guns and tasers are prohibited in Ontario and throughout Canada under section 84(1) of the Criminal Code.
Both of these weapons can produce similar consequences when used against another person, i.e., a painful electrical shock designed to incapacitate the individual. Because of this, they are sometimes used (illegally) in self-defence situations where an individual wants to “neutralize” a perceived threat.
These types of weapons are collectively known as conducted energy weapons (CEWs) or electroshock weapons. Despite the similarities between stun guns and tasers, their shapes, mechanisms, and ranges differ:
- Stun guns require close physical proximity to the targeted individual. They usually utilize a rechargeable battery, with a charge that lasts a long time because stun guns do not use projectiles. The effect of a stun gun is usually less broad than a taser, and more focused on the targeted body part.
- Tasers look more like traditional firearms and operate from a distance of up to 15 feet. After firing, projectile prongs spread out across the body and transmit electricity across a broad area. A cartridge swap is usually necessary after a couple of shots, making tasers more expensive to operate than stun guns—but many operators prefer them because they completely incapacitate muscle function in the target, rendering the individual temporarily immobile.
What happens if I use a stun gun or taser to defend myself in Ontario?
Using any prohibited weapon in Ontario, even in self-defence, is illegal and can result in serious criminal charges being filed. This includes stun guns and tasers.
Under Section 34(1) of the Criminal Code:
A person is not guilty of an offence if
- they believe on reasonable grounds that force is being used against them or another person or that a threat of force is being made against them or another person;
- the act that constitutes the offence is committed for the purpose of defending or protecting themselves or the other person from that use or threat of force; and
- the act committed is reasonable in the circumstances.
So, the use of “reasonable” force by individuals is permitted when defending themselves or another person. However, because stun guns and tasers are banned weapons, their use would not be considered “reasonable”. So, these weapons should not be carried by any unauthorized person, even for self-defence.
Individuals should choose other options when defending themselves to prevent legal problems.
Who can legally carry stun guns and tasers in Ontario?
Civilians cannot possess or carry stun guns or tasers legally anywhere in Canada, irrespective of their background or the intent to use the weapon.
The possession of these weapons is even tightly controlled amongst law enforcement personnel. Only properly trained and authorized police officers can legally carry tasers, stun guns or any other CEW.
Under Ontario Regulation 391/23, only specific law enforcement personnel can carry and use tasers in the province: a chief of police or a designated officer may authorize members of their police service to carry CEWs.
Ontario Regulation 492/24 also specifies that certain special constables, such as those employed by the Niagara Parks Commission, may also be permitted to use CEWs under regulated conditions.
Penalties for owning stun guns and tasers in Ontario
The penalties for owning stun guns and tasers in Ontario are outlined in Section 91(2) of the Criminal Code, which deals with the unauthorized possession of firearms, restricted weapons, and prohibited weapons.
Possession of a stun gun, taser or other prohibited weapon can be charged summarily or as an indictable offence. This decision often depends on the discretion of the Crown prosecutor. As well as the severity of the alleged offence, other factors like the criminal history of the alleged offender will be considered.
Summary offences
Although a summary offence is less serious than an indictable offence, it’s still a criminal charge and it can still result in harsh consequences, including a permanent criminal record.
If you are accused of a summary offence, the police can arrest you without a warrant and you will be tried in the Provincial Court with no jury. There is no option for a preliminary hearing or to be tried in a higher court.
Under the terms of the Criminal Code, the maximum punishment for a summary conviction is two years less one-day imprisonment and/or a fine of $5,000.
For summary offences, a statute of limitations of 12 months applies, whereby the period from the time of the commission of the offence for a charge to be filed must not exceed one year.
An appeal for a summary conviction must be made to the Superior Court.
Indictable offences
Indictable offences are considered more serious and charges have no statute of limitations applied to them. Charges can be filed at any time after the commission of the crime.
Cases are usually heard in the Superior Court with the potential for a trial by judge and jury. If charged with an indictable offence related to the possession of stun guns and tasers, the term of imprisonment can be up to five years.
The serious penalties associated with the possession of stun guns and tasers highlight the importance of abiding by the relevant prohibited weapons laws in Canada,
How can a criminal defence lawyer help?
If you are charged with possession of a stun gun, taser or other prohibited weapon, seeking legal guidance from a criminal defence lawyer experienced in such cases should be a priority. The intent to use the weapon in self-defence alone will not prevent the serious consequences of a conviction.
Speak to a qualified lawyer as soon as possible after being arrested so that you can go over the specifics of the case and begin working on your release and a defence.
To understand your legal options if you have been charged with possession of a stun gun or taser in Ontario, speak to a criminal defence lawyer in Ottawa during a free consultation.