INTRODUCTION AND BRIEF DESCRIPTION

It is an offence to handle firearms, weapon, or ammunition without reasonable safety precautions for others.

SECTION WORDING

86(1) Every person commits an offence who, without lawful excuse, uses, carries, handles, ships, transports or stores a firearm, a prohibited weapon, a restricted weapon, a prohibited device or any ammunition or prohibited ammunition in a careless manner or without reasonable precautions for the safety of other persons.

EXPLANATION

Section 86(1) of the Criminal Code of Canada is a provision that criminalizes the careless or reckless use, handling, carrying, shipping, transporting or storing of firearms, prohibited weapons, restricted weapons, prohibited devices, or any ammunition or prohibited ammunition. This provision is aimed at ensuring public safety by imposing reasonable precautions and care to protect people from harm. The section makes it an offence for an individual to handle any of the aforementioned weapons in a careless manner. This includes situations where an individual acts recklessly and puts the safety of others in danger. The law also stipulates that everyone who carries, handles, transports, stores, or ships any of the listed weapons must take reasonable precautions to ensure the safety of those around them. In this context, reasonable precautions encompass a wide range of actions that would prevent anyone from getting hurt. For instance, guns and ammunition must be stored in a secure location to prevent unauthorized use and reduce the potential for accidental injuries. Similarly, firearms must not be left unattended in open spaces where unauthorized persons could gain access to them. In summary, section 86(1) of the Criminal Code of Canada is a provision that criminalizes reckless or careless use, handling, carrying, shipping, transporting, or storing of weapons and ammunition. It aims to promote public safety by requiring individuals who possess firearms and ammunition to take reasonable precautions. Those who fail to comply with this law are liable to prosecution and could face severe legal consequences.

COMMENTARY

Section 86(1) of the Criminal Code of Canada serves as an essential legal provision to address the issue of public safety in relation to the use, possession, and transportation of firearms and other prohibited weapons. The section clearly outlines the various criminal offenses associated with the careless and unsafe handling of such weapons and ammunition. The provision of the Criminal Code is designed to ensure that firearms are not used carelessly or recklessly, and that all the requisite safety measures are taken while handling and transporting them. The section serves as a balancing act between the individual's right to bear arms and the greater public good. The wording of this provision is straightforward and explicit in its definition of criminal behavior. The section makes it clear that any person who uses, handles, or stores firearms, ammunition, or prohibited weapons without employing necessary precautions and due care is committing an offense. Furthermore, the provision classifies careless behavior regarding firearms and prohibited weapons as an offense, essentially equating it to criminal behavior. One of the most striking features of Section 86(1) of the Criminal Code is its flexibility. It does not exclusively apply to standardized rules but rather to the testing of specific behavior against a general standard of what is deemed reasonable in safeguarding against potential harm, injury, or death caused by the use and control of firearms and weapons. The provision also applies to all individuals who handle firearms, ammunition, and other prohibited weapons, regardless of their particular purpose or intention. Thus, hunters, law enforcement officials, security personnel, and other licensed firearm owners are all subject to the responsibilities of the section. This provision underscores the need for mandatory safety training for all firearm owners to ensure that they understand the principles of safe handling and storage. Moreover, the provision imposes a criminal sanction that is significant enough to deter careless and reckless behavior. Indeed, the potential penalties associated with violations of Section 86(1) can range from fines to imprisonment, depending on the severity of the offense. This provision's potential for severity indicates a strong commitment in the criminal justice system to ensure that the safety of individuals in the community is paramount. In conclusion, Section 86(1) of the Criminal Code of Canada is a critical provision in ensuring public safety and preventing carelessness and recklessness when handling firearms, ammunition, and other prohibited weapons. It considers the individual's right to bear arms and the greater public good, emphasizing the importance of taking adequate precautions when handling such weapons. The section's wording, flexibility, and commitment to potential criminal sanctions make it an essential tool in preventing firearm-related crimes, injuries, and deaths.

STRATEGY

Section 86(1) of the Criminal Code of Canada is a serious offence that carries severe penalties. If an individual is charged with this offence, it is vital to take strategic considerations to ensure the best possible outcome of the case. As such, this article will discuss some strategic considerations and strategies that could be employed when dealing with section 86(1). The first strategic consideration is to ensure that the Crown prosecutor can establish the essential elements of the offence. In other words, the prosecutor must prove that the individual had no lawful excuse, used, carried, handled, shipped, transported, or stored a firearm, prohibited weapon, restricted weapon, prohibited device, ammunition, or prohibited ammunition. Additionally, the prosecutor must demonstrate that the individual acted in a careless manner or failed to take reasonable precautions for the safety of others. One of the effective strategies that defence lawyers could employ in this situation is to challenge the reliability and credibility of the evidence presented by the Crown prosecutor. Defence lawyers could argue that there is insufficient evidence to prove that the individual did not take reasonable precautions for the safety of others or that the officer's observations were unreliable. For instance, the defence lawyer could argue that the officer did not have an unobstructed view of the alleged offence or that the officer's observations were impaired by inadequate lighting conditions. Another strategic consideration is to explore potential legal defences that could be used to defend the individual accused of the offence. For instance, an individual could argue that they had a lawful excuse for possessing the firearm or prohibited weapon. A lawful excuse could include circumstances where the individual required the weapon for hunting or self-defence, or if they were a licensed firearm carrier. Additionally, individuals could argue that the police unlawfully seized the weapon or that the police had insufficient grounds to search the individual, leading to the discovery of the weapon. In such instances, the defence lawyer could file a motion to have the evidence excluded, leading to an acquittal or dismissal of the charges. One of the effective strategies that could be employed is to negotiate a plea bargain with the Crown prosecutor. In some cases, a plea bargain could lead to a reduced sentence. If the Crown prosecutor's case against the accused person is strong, a plea bargain may be an effective strategy to avoid a more severe sentence. In conclusion, the offence under section 86(1) of the Criminal Code of Canada is a severe offence that requires a strategic approach when dealing with it. It is essential to work with experienced defence lawyers to ensure that the best possible outcome is achieved. The strategic considerations and strategies discussed in this article are by no means exhaustive, as each case is unique and requires a tailored defence strategy. It is important to explore all possible options to achieve the best possible outcome when dealing with such a serious offence.