section 95(2)

INTRODUCTION AND BRIEF DESCRIPTION

This section outlines the penalties for possessing, using, trafficking and importing/exporting certain drugs in Canada.

SECTION WORDING

95(2) Every person who commits an offence under subsection (1) (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding 10 years and to a minimum punishment of imprisonment for a term of (i) in the case of a first offence, three years, and (ii) in the case of a second or subsequent offence, five years; or (b) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding one year.

EXPLANATION

Section 95(2) of the Criminal Code of Canada outlines the penalties for committing an offence under subsection (1), which pertains to use or possession of a firearm during the commission of an offence. This section recognizes the seriousness of using or possessing a firearm during the commission of an offence, and aims to deter such acts by imposing harsh penalties. If a person commits an offence under subsection (1)(a), which pertains to the use or possession of a firearm during the commission of an indictable offence, they are guilty of an indictable offence themselves. A conviction for this type of offence carries a penalty of imprisonment for a term not exceeding 10 years, as well as a minimum punishment of imprisonment for a term of three years for a first offence, and five years for a subsequent offence. This means that even for a first offence, a person can expect to be imprisoned for at least three years, which is a significant penalty. If a person commits an offence under subsection (1)(b), which pertains to the possession of a firearm during the commission of an offence punishable on summary conviction, they are guilty of an offence punishable on summary conviction. The penalty for this type of offence is imprisonment for a term not exceeding one year. This penalty is less severe than the penalty for an indictable offence under subsection (1)(a), but still recognizes the seriousness of possessing a firearm during the commission of an offence. In summary, section 95(2) of the Criminal Code of Canada imposes harsh penalties for using or possessing a firearm during the commission of an offence, with the aim of deterring such acts and ensuring public safety.

COMMENTARY

Section 95(2) of the Criminal Code of Canada is an important provision that deals with the offense of possessing, using, or trafficking in a weapon for a dangerous purpose. This provision makes it clear that possessing a weapon, whether for legal purposes or not, is a serious offense that can land an individual in jail for a considerable amount of time. The first part of section 95(2) provides that anyone who commits an offense under subsection (1)(a) is guilty of an indictable offense and liable to imprisonment for a term not exceeding 10 years and to a minimum punishment of imprisonment for a term of either three or five years, depending on whether it is a first offense or a second or subsequent offense. This means that if an individual is found guilty of possessing, using, or trafficking in a weapon for a dangerous purpose for the first time, they may be sentenced to a minimum of three years in prison. If they commit the same offense again, they may be sentenced to a minimum of five years in prison. The second part of section 95(2) provides that anyone who commits an offense under subsection (1)(b) is guilty of an offense punishable on summary conviction and liable to imprisonment for a term not exceeding one year. This means that if an individual possesses, uses, or traffics in a weapon for a dangerous purpose, they may be sentenced to up to one year in prison if the offense is tried summarily. The importance of this provision is that it serves as a deterrent to individuals who may be considering possessing, using, or trafficking in a weapon for a dangerous purpose. The fact that the punishment for such offenses is so severe would make many individuals think twice before engaging in such activities. Furthermore, this provision is important in ensuring public safety as it prevents dangerous individuals from possessing weapons that can cause harm to others. It is important to note, however, that this provision can sometimes be misused by law enforcement officials or prosecutors. It is not uncommon for individuals to be wrongfully accused of possessing, using, or trafficking in a weapon for a dangerous purpose. Therefore, it is essential that the criminal justice system ensures that individuals are not unfairly prosecuted for possessing or using a weapon for legitimate purposes. In conclusion, section 95(2) of the Criminal Code of Canada is an essential provision that serves as a strong deterrent against individuals who may be considering possessing, using, or trafficking in a weapon for a dangerous purpose. However, it is crucial that the criminal justice system ensures that individuals are not unfairly prosecuted for possessing or using a weapon for legitimate purposes, as such wrongful prosecution can undermine the public's trust in the criminal justice system.

STRATEGY

Section 95(2) of the Criminal Code of Canada deals with offenses involving firearms, with the punishment for such offenses being imprisonment ranging from one year to ten years, depending on the nature of the offense. As such, there are several strategic considerations that should be taken into account when dealing with this section of the Criminal Code of Canada. One of the first strategic considerations is to understand the specific offense that has been committed, as the type of offense will dictate the potential punishment under the law. For example, if the individual charged with an offense involving firearms has committed a first offense, they will likely be subject to a minimum of three years of imprisonment. However, if they have committed a second or subsequent offense, they will be subject to a minimum of five years of imprisonment. As such, it is important to understand the nature of the offense and the minimum punishment that could result. Another strategic consideration is to explore any potential defenses that could be used in the case. For example, if the firearm in question is not actually a firearm under the legal definition, then the individual may be able to argue that they did not commit the offense. Similarly, if the firearm was obtained illegally, such as by theft or through the black market, the individual may be able to argue that they were not aware that it was illegal to possess the firearm. These defenses may be able to reduce or eliminate the potential punishment under the law. Additionally, it is important to work with an experienced criminal defense lawyer who has experience with firearms offenses. A skilled lawyer can review the evidence, explore potential defenses, and negotiate with the prosecution to reduce the severity of the punishment or to seek alternative sentences such as community service or probation. Another strategy that could be employed is to cooperate with law enforcement and the prosecution. While this may sound counter-intuitive, by cooperating with the authorities, an individual may be able to negotiate a plea bargain or to receive a lesser sentence in exchange for providing information or assistance in the investigation of other crimes. This strategy could be particularly effective in cases where the individual has committed a first offense and does not have a history of criminal activity. Finally, it is important to consider the potential long-term consequences of a firearms offense conviction, such as the impact on future employment opportunities, housing, and travel. A conviction could result in the loss of certain rights, such as the right to own a firearm or to vote. As such, it is essential to work with a knowledgeable attorney who can guide individuals through the legal process and help them understand the potential consequences of their actions. In conclusion, there are several strategic considerations that should be taken into account when dealing with Section 95(2) of the Criminal Code of Canada. Understanding the nature of the offense, exploring potential defenses, working with an experienced criminal defense lawyer, cooperating with law enforcement and the prosecution, and considering the long-term consequences of a firearms offense conviction are all important strategies that could be employed to achieve the best possible outcome in these cases.