INTRODUCTION AND BRIEF DESCRIPTION
This section allows peace officers to apply for an order if they believe on reasonable grounds that a person cohabits with or is associated with someone prohibited from possessing firearms or weapons and that person might have access to those items in the possession of the person against whom the order is sought.
SECTION WORDING
117.011 (1) A peace officer, firearms officer or chief firearms officer may apply to a provincial court judge for an order under this section where the peace officer, firearms officer or chief firearms officer believes on reasonable grounds that (a) the person against whom the order is sought cohabits with, or is an associate of, another person who is prohibited by any order made under this Act or any other Act of Parliament from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all such things; and (b) the other person would or might have access to any such thing that is in the possession of the person against whom the order is sought.
EXPLANATION
Section 117.011(1) of the Criminal Code of Canada is designed to help protect individuals who are at risk due to the presence of firearms or other dangerous weapons in their homes or around them. It gives peace officers, firearms officers, or chief firearms officers the power to apply for an order from a provincial court judge if they believe that someone is living with or associating with a person who is prohibited from possessing firearms or other dangerous items. The order can prevent the person against whom it is sought from possessing a firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition, or explosive substance. This order is put in place in order to prevent the prohibited person from having access to any of these items that may be in the possession of the person they are living with or associating with. It's important to note that the use of this section requires that the peace officer, firearms officer, or chief firearms officer must have reasonable grounds for their belief. This means that there must be evidence to support their claim that the person against whom the order is sought is living with or associating with a person who is prohibited from owning firearms or other dangerous items. Overall, this section of the Criminal Code of Canada is a useful tool for preventing dangerous weapons from falling into the wrong hands and protecting the safety of those who may be at risk.
COMMENTARY
Section 117.011(1) of the Criminal Code of Canada empowers peace officers, firearms officers, or chief firearms officers to apply to a provincial court judge for an order where they have reasonable grounds to believe that a person cohabits with or is associated with another person who is subjected to a firearms prohibition order under any Act of Parliament. The section is aimed at preventing prohibited persons from having access to firearms and other related items. This provision is vital in enhancing public safety as it aims to keep firearms away from individuals who have been classified by the law as dangerous persons. To qualify for an order under Section 117.011(1) of the Criminal Code of Canada, the peace officer, firearms officer, or chief firearms officer must satisfy the elements of the provision. Firstly, the officer must prove that the person against whom the order is sought has an association or shares a residence with another person who is expressly prohibited from possessing firearms, prohibited weapons, ammunition, or explosives. Secondly, the officer must establish that the associated person may have access to such items that are under the possession of the person against whom the order is being sought. This provision is essential in preventing firearms from falling into the hands of prohibited persons. In some cases, even though an individual is legally prohibited from possessing firearms or related items, the person may have access to them through a cohabitant or associate. Such access can potentially lead to the misuse of firearms, which may result in harm to members of the public. By allowing peace officers, firearms officers, or chief firearms officers to apply for an order, Section 117.011(1) seeks to prevent such harm from occurring. It is worth noting that the provision places a considerable burden on peace officers, firearms officers, and chief firearms officers. They must have reasonable grounds to believe that the person against whom the order is sought has an association or shares a residence with a prohibited person and that the prohibited person may have access to the firearms or related items. This provision, therefore, respects the individual's rights while protecting public safety. In conclusion, Section 117.011(1) of the Criminal Code of Canada is critical in enhancing public safety by preventing access to firearms by prohibited individuals. The provision places a burden on peace officers, firearms officers, and chief firearms officers to establish reasonable grounds before applying for an order. By doing so, the section strikes a balance between respecting individual rights and ensuring public safety. Overall, this provision is an essential aspect of Canadian law, and it should continue to be enforced to keep firearms away from dangerous persons.
STRATEGY
Section 117.011(1) of the Criminal Code of Canada provides law enforcement officers with the authority to obtain an order preventing someone who cohabits with or is an associate of a person prohibited from possessing certain weapons from accessing such items. This provision is meant to protect public safety and prevent individuals from facilitating criminal activity by providing restricted items to people who are not supposed to have them. When dealing with this section of the Criminal Code, there are several strategic considerations that law enforcement officers must keep in mind. First, it is important to ensure that there are reasonable grounds to believe that the person against whom the order is sought cohabits with or is an associate of someone who is prohibited from having these items. This will require an investigation into the circumstances surrounding the individual's living situation and social connections. Evidence may come from witness statements, surveillance footage, or other sources of information that can be used to prove that the individual is likely to have access to restricted items. Once the grounds for the order have been established, law enforcement officers must consider the best strategy for obtaining it. Typically, this will involve making an application to a provincial court judge who will review the evidence presented and make a decision as to whether the order should be granted. In some cases, it may be necessary to obtain a warrant to search the individual's residence or other property where restricted items are believed to be stored. Another strategic consideration when dealing with this section of the Criminal Code is whether to involve other law enforcement agencies or resources. For example, it may be beneficial to collaborate with other police departments or specialized units, such as the Explosives Disposal Unit, forensic teams, or the Canadian Firearms program. By pooling resources and expertise, law enforcement officers can increase their chances of success in obtaining the order and removing restricted items from circulation. Finally, it is important to consider the potential risks and challenges associated with enforcing the order. For example, if the individual against whom the order is sought is known to be violent or heavily armed, law enforcement officers may need to take additional precautions to ensure their safety during the execution of the order. Other challenges may include difficulties in finding the restricted items or proving that they belong to the individual in question. Some strategies that could be employed to address these challenges might include partnering with local community organizations to obtain more information and cooperation from residents in the area where the individual lives. This could include educational and outreach programs that promote safe and responsible storage of firearms and other restricted items, as well as advocacy campaigns aimed at raising awareness of the risks associated with the illegal possession of these items. Overall, section 117.011(1) of the Criminal Code of Canada provides law enforcement officers with a powerful tool for preventing individuals who support criminal activity from accessing restricted items. By carefully considering the strategic considerations involved in obtaining and enforcing these orders, law enforcement agencies can help to reduce the prevalence of violent crime and protect public safety.