section 87(1)

INTRODUCTION AND BRIEF DESCRIPTION

It is an offence to point a firearm at another person without lawful excuse, regardless of whether the firearm is loaded or unloaded.

SECTION WORDING

87(1) Every person commits an offence who, without lawful excuse, points a firearm at another person, whether the firearm is loaded or unloaded.

EXPLANATION

Section 87(1) of the Criminal Code of Canada is a provision that outlines the criminal offence of pointing a firearm at another person without a legally valid reason. This section applies to anyone who intentionally points a firearm, whether loaded or unloaded, at another person without any legal justification. To prove the offence, the prosecution must establish beyond a reasonable doubt that the accused pointed a firearm, the other person was the intended target, and the accused had no lawful excuse to do so. The section also mandates that the firearm and the accused be physically present together in the same place. Penalties for violating this section are severe. The maximum sentence for pointing a firearm at another person is imprisonment for a term of up to five years. If the firearm is loaded, even if it is not used, the penalty can be increased to a maximum of 14 years imprisonment. The purpose of this section is to deter individuals from using firearms in a dangerous or harmful manner. It is aimed at preventing violence, which can escalate when lethal weapons are involved. By placing severe penalties for pointing firearms, the section sends a clear message to the community that the use of firearms for intimidation, threats, and violence is unacceptable and will not be tolerated. In conclusion, Section 87(1) of the Criminal Code of Canada criminalizes the act of pointing a firearm at another person without a lawful excuse. The section is essential in promoting public safety and preventing firearms-related violence.

COMMENTARY

Section 87(1) of the Criminal Code of Canada is a provision that criminalizes the act of pointing a firearm at another person without lawful excuse, regardless of whether the firearm is loaded or unloaded. The purpose of this provision is to ensure the safety and security of individuals by prohibiting the use of firearms in threatening or dangerous situations. This provision is necessary as firearms are inherently dangerous weapons that have the potential to cause harm or death. The act of pointing a firearm at someone creates a serious risk of injury or death, and can cause significant psychological harm to the victim. The law recognizes that the use of firearms should only be for lawful purposes, such as hunting or self-defence, and that individuals who possess firearms must be held accountable for their use. Section 87(1) also recognizes that pointing a firearm at someone can be a threatening act, even if the firearm is not loaded. This is because the act of pointing a firearm at someone is intended to convey a message of intimidation, fear, and potential harm. It is a clear signal that the person wielding the firearm is willing and able to use it, and that the victim's safety is in jeopardy. This provision ensures that individuals are held accountable for the act of pointing a firearm, regardless of whether the firearm is loaded or not. The penalty for violating section 87(1) reflects the serious nature of the offence. A person who is found guilty of this offence could face up to five years in prison. This penalty sends a strong message that the use of firearms in threatening or dangerous situations will not be tolerated by the law, and that individuals who engage in such behaviour will be held accountable. There are some exceptions to the prohibition against pointing firearms at others. For example, law enforcement officers may be permitted to point firearms at individuals in the course of their duties. Similarly, individuals may be permitted to point firearms at animals for hunting or other lawful purposes. However, these exceptions are limited and subject to strict regulations and procedures. In conclusion, section 87(1) of the Criminal Code of Canada is a critical provision that serves to protect the safety and security of individuals by prohibiting the use of firearms in threatening or dangerous situations. It is a reminder that firearms should only be used for lawful purposes, and that individuals who possess firearms must be held accountable for their use. As such, it is an important element of Canada's criminal justice system, and one that underscores the fundamental importance of public safety and well-being.

STRATEGY

When dealing with Section 87(1) of the Criminal Code of Canada, several strategic considerations come into play. This section criminalizes pointing a firearm at another person without lawful excuse, whether the firearm is loaded or unloaded. Therefore, those charged with this offence will need to consider the following strategies: 1. Seek Legal Representation: If one is facing charges under Section 87(1), it is important to seek the services of a qualified criminal law attorney as soon as possible. A competent lawyer can scrutinize the evidence and investigate the matter to identify weaknesses in the prosecution's case. They can also develop a robust legal strategy that could result in reduced charges, a plea bargain, or an acquittal. 2. Understand Lawful Excuse": To successfully defend against charges under Section 87(1), one must have a lawful excuse" for pointing the firearm at another person. The law recognizes several lawful excuses, such as self-defense, defense of property, and fulfillment of a lawful duty. It is important to establish that the accused had a lawful excuse for their actions, and to gather evidence to support the claim. 3. Consider Evidence: Evidence plays a vital role in these kinds of cases. Therefore, both the prosecution and the defense should focus on gathering as much relevant evidence as possible. This could include CCTV footage, witness statements, forensic analysis, DNA testing, and expert testimony. Any evidence that could potentially undermine the prosecution's case or support the defense's case should be carefully analyzed. 4. Develop Mitigation Strategies: If the evidence against the accused is strong, a mitigation strategy may be the best course of action. This could involve the accused admitting the wrongdoing, accepting responsibility, and being remorseful. Such an approach could result in the charges being reduced, resulting in a more lenient sentencing decision. 5. Negotiate with the Prosecution: When the prosecution's case is strong, negotiations could result in a plea deal. A plea bargain can identify the accused's admission of guilt, reduced charges, a more lenient sentence, or other agreed-upon outcomes. In conclusion, charges under Section 87(1) of the Criminal Code of Canada can carry severe penalties. Therefore, if one is facing charges under this section of the law, it is crucial to have a competent attorney to represent them. Strategies like building a strong defense by gathering evidence related to a lawful excuse, developing mitigation strategies, and negotiating with prosecutors can be helpful in achieving the best possible outcome for the accused.