What is the test for possessing a weapon contrary to the public peace?
Ontario, Canada
The following excerpt is from R. v. R.(R.), 2010 ONCJ 32 (CanLII):
Under s.88 (1) the Crown must establish that the intention of the accused, in possessing the weapon, was for a purpose contrary to the public peace. The trier of fact must assess all of the circumstances to determine the accused’s purpose; this includes the assessment of the accused purpose by applying subjective and objective criteria. R v. Kerr, [2004] 2. S.C.R. 371.
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