Criminal Code of Canada - section 117.04(2) - Search and Seizure Without Warrant

section 117.04(2)

INTRODUCTION AND BRIEF DESCRIPTION

A peace officer may search for and seize a weapon, prohibited device, ammunition, prohibited ammunition, or explosive substance, without a warrant, if they believe that it is not desirable for the person to possess these items due to safety concerns.

SECTION WORDING

117.04(2) Where, with respect to any person, a peace officer is satisfied that there are reasonable grounds to believe that it is not desirable, in the interests of the safety of the person or any other person, for the person to possess any weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, the peace officer may, where the grounds for obtaining a warrant under subsection (1) exist but, by reason of a possible danger to the safety of that person or any other person, it would not be practicable to obtain a warrant, search for and seize any such thing, and any authorization, licence or registration certificate relating to any such thing, that is held by or in the possession of the person.

EXPLANATION

Section 117.04(2) of the Criminal Code of Canada empowers a peace officer to search for and seize weapons, ammunition, explosives, prohibited devices, and related licenses or certificates when they have reasonable grounds to believe that such possession may endanger the safety of the person or others. This provision is an inherent part of the Canadian government's effort to promote public safety by mitigating the risks of illegal possession of dangerous weapons and explosives. The section requires that the peace officer must have reasonable grounds to believe that the person in question poses some risk of danger and that it would not be practical or possible to obtain a warrant via legal means. With the warrantless search and seizure, the police must have a valid reason for doing so, and they should provide a report within 14 days of the seizure. It is essential to note that this provision is guided by fundamental human rights that regulate the use of force by police officers. It is a necessary measure that aims to prevent harm and safeguard life without infringing on individual rights. In summary, Section 117.04(2) of the Criminal Code of Canada is an important tool that peace officers use to prevent the illegal use of weapons, ammunition, explosives, and prohibited devices by those deemed dangerous and potentially life-threatening to themselves or others. The section balances the protection of individual rights and public safety while also promoting law enforcement efforts.

COMMENTARY

Section 117.04(2) of the Criminal Code of Canada allows peace officers to search for and seize any weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, along with any authorization, licence or registration certificate relating to these items, if they are satisfied that there are reasonable grounds to believe it is not desirable, in the interests of the safety of the person or any other person, for the person to possess such items. This provision is an important one, as it allows peace officers to take proactive measures to prevent harm to individuals. Possession of weapons, ammunition, and explosive substances can be dangerous not only to the person in possession, but to others as well. Section 117.04(2) helps to ensure that those who are deemed to pose a risk to themselves or others are not able to access such dangerous items. There are instances where obtaining a warrant may not be feasible, due to the possibility of danger to the safety of the person or any other person. In such cases, Section 117.04(2) allows peace officers to bypass the requirement for a warrant and take necessary action to safeguard public safety. It is important to note that the provision only allows for seizure of such items when there are reasonable grounds to believe that possession of the item is not desirable in the interests of safety. This means that peace officers must have evidence or information that supports their belief that a person's possession of a weapon, ammunition, or explosive substance poses a danger. It is also important to ensure that the provision is not used improperly or in a discriminatory manner. The exercise of this power must be conducted with respect for individual rights and freedoms and should not be used in a discriminatory manner. It is essential that any action taken under this provision be done in good faith and with due regard to the safety of all involved. In conclusion, Section 117.04(2) of the Criminal Code of Canada is an important provision that allows peace officers to take necessary and proactive measures to prevent harm to individuals. It allows for the search and seizure of dangerous items when there are reasonable grounds to believe that possession of such items poses a risk to public safety. However, it is crucial that this provision be utilized in a responsible and unbiased manner, with due regard for individual rights and freedoms and the safety of all involved.

STRATEGY

Section 117.04(2) of the Criminal Code of Canada allows peace officers to search for and seize weapons, prohibited devices, ammunition, prohibited ammunition or explosive substances from individuals if they believe that it is not in the interests of the safety of the person or any other person for that individual to possess them. However, to exercise this power, the peace officer must have reasonable grounds to believe that obtaining a warrant is not practicable due to possible danger to the safety of the individual or any other person. The use of this section must be approached carefully and strategically, as it can have significant implications for the individual's privacy and property rights. Some of the strategic considerations that must be taken into account when dealing with this section include: 1. Establishing reasonable grounds for belief: Before exercising the power under this section, the peace officer must establish that there are reasonable grounds to believe that the individual poses a safety risk if they continue to possess the weapons or substances in question. This requires a thorough assessment of the individual's behavior, past criminal record, and any other relevant factors that might suggest a danger. 2. Assessing the risk of harm: If a peace officer decides to search for and seize weapons or substances, they must also carefully consider the potential for harm. If the individual is a known risk to themselves or others, the officer should take appropriate actions to ensure their safety, such as detaining them or transporting them to a medical facility. 3. Evaluating the need for a warrant: While this section allows for searches without a warrant, obtaining a warrant is always the preferred option for avoiding potential legal challenges. The officer must weigh the safety risks against the delay caused by obtaining a warrant and make a judgment call based on the circumstances. 4. Protecting the individual's rights: While the safety of the individual and others is the primary concern, it is also important to protect the individual's rights. This means ensuring that proper procedures are followed and that any search or seizure is conducted as minimally invasive and disruptive as possible. Strategies that could be employed by peace officers to ensure effective use of this section include: 1. Maintaining good communication with the individual in question: This can help establish trust between the individual and the officer, allowing for a more peaceful resolution to the situation. 2. Developing appropriate protocols and training: Developing protocols and training for officers can help ensure that they are able to identify and address potential safety risks, while also working within the bounds of the law. 3. Building community partnerships: Engaging with community groups and organizations can help officers better understand the needs and concerns of the people they serve, which can inform their decision-making and reduce the need for potentially invasive searches or seizures. Ultimately, the use of section 117.04(2) of the Criminal Code of Canada requires careful consideration and strategic planning. By following established protocols and working collaboratively with community members, peace officers can help ensure the safety of individuals while also respecting their fundamental rights and freedoms.