INTRODUCTION AND BRIEF DESCRIPTION

Individuals are exempt from using a firearm without a license if under supervision of someone lawfully entitled to possess it and using it lawfully.

SECTION WORDING

95(3) Subsection (1) does not apply to a person who is using the firearm under the direct and immediate supervision of another person who is lawfully entitled to possess it and is using the firearm in a manner in which that other person may lawfully use it.

EXPLANATION

Section 95(3) of the Criminal Code of Canada essentially creates an exception to subsection (1) which deals with the possession of firearms. Subsection (1) makes it an offense to possess a firearm without a proper license and authorization. However, the exception provided by subsection (3) allows a person to use a firearm without having the proper license and authorization, as long as they are under the direct and immediate supervision of another person who is lawfully entitled to possess it. The person supervising the use of the firearm must also be using it in a manner that is lawful. This exception is designed to allow for certain situations where firearms may need to be used by individuals who do not have the necessary license and authorization. For example, it may apply in situations where a firearms instructor is teaching someone how to use a firearm. The instructor would be legally licensed and authorized to possess the firearm, and if they closely supervise the person they are teaching, that person would not be in violation of the law. It's important to note that while this exception allows for the use of a firearm without proper authorization, it does not permit the possession or ownership of firearms without the required licenses and authorizations. Anyone who possesses or owns a firearm without the necessary licenses or authorizations is still in violation of the law. The exception provided in subsection (3) only applies to the actual use of a firearm under direct and immediate supervision, and only if the supervising person is authorized to possess the firearm.

COMMENTARY

Section 95(3) of the Criminal Code of Canada provides an exception to the general prohibition on the possession and use of firearms. This subsection allows a person to use a firearm under the direct and immediate supervision of another person who is lawfully entitled to possess the firearm and using it in a lawful manner. The provision seeks to balance the need to ensure public safety with the recognition that firearms may have legitimate uses, such as in hunting, target shooting, and law enforcement. The provision acknowledges that individuals may require instruction and guidance in the safe and lawful use of firearms, particularly if they are new to the activity or using a different type of firearm. The requirement for direct and immediate supervision means that the person supervising the firearm user must be physically present and actively monitoring their actions. This ensures that the supervisor can intervene if necessary to prevent unsafe or unlawful behavior, and that they can provide guidance and instruction as needed. The requirement that the supervisor is lawfully entitled to possess the firearm means that they have the necessary license or authorization to possess the firearm, and are likely to be familiar with its safe and lawful use. The provision also requires that the firearm is used in a manner in which the other person may lawfully use it. This means that the activity being undertaken must be lawful, and that the firearm is being used in accordance with any applicable regulations or restrictions. For example, if the person is using the firearm for hunting, they must follow the rules and restrictions set out in provincial or territorial hunting regulations. Overall, Section 95(3) strikes a reasonable balance between the need to ensure public safety and the recognition of legitimate uses for firearms. It allows individuals to receive instruction and guidance in the safe and lawful use of firearms, while ensuring that they are supervised by someone who is experienced and authorized to possess the firearm. The requirement to use the firearm in a lawful manner further underscores the importance of responsible firearm use and ensures that the exception is not misused to engage in illegal or dangerous activities.

STRATEGY

Section 95(3) of the Criminal Code of Canada provides exceptions to the general prohibition against unauthorized possession of firearms and other prohibited weapons. It allows a person to use a firearm under the direct and immediate supervision of another person who is lawfully entitled to possess it and is using it in a lawful manner. This provision has important implications for law enforcement agencies, courts, and individuals who possess firearms or engage in firearms-related activities. In this paper, we will discuss some strategic considerations and strategies that could be employed when dealing with section 95(3) of the Criminal Code of Canada. Strategic Considerations The first strategic consideration when dealing with section 95(3) of the Criminal Code of Canada is to ensure that the person using the firearm is under the direct and immediate supervision of another person who is lawfully entitled to possess it. This means that the supervising person must be in close proximity to the person using the firearm and must have the skills and knowledge to ensure that the firearm is being used safely and lawfully. This requirement is particularly important when dealing with young or inexperienced individuals who are learning to shoot or handle firearms. The second strategic consideration is to ensure that the person using the firearm is using it in a manner in which the supervising person may lawfully use it. This means that the person must be aware of all the laws and regulations that govern the possession and use of firearms in Canada. For example, the person must be aware of the types of firearms that are prohibited or restricted, the places where firearms may be used, and the circumstances under which firearms may be discharged. Failure to comply with these laws and regulations can lead to serious legal consequences, including criminal charges and convictions. The third strategic consideration is to ensure that the person using the firearm has the necessary skills and knowledge to use it safely and effectively. This means that the person must undergo appropriate training and certification before using the firearm. The training should cover the basic principles of firearm safety, such as how to handle and store the firearm, how to load and unload it, and how to aim and fire it. The person must also be supervised by an experienced and competent firearms instructor who can provide feedback and guidance on how to improve their shooting skills. Strategies that Could be Employed There are several strategies that could be employed when dealing with section 95(3) of the Criminal Code of Canada. One strategy is to provide appropriate training and certification programs for individuals who wish to use firearms under the supervision of a licensed person. This could include courses on firearm safety, handling, and shooting skills, as well as courses on the laws and regulations governing firearm possession and use in Canada. This training should be mandatory for all individuals who wish to use firearms under the supervision of a licensed person. Another strategy is to ensure that all licensed persons who supervise the use of firearms are properly trained and qualified. This could include courses on how to supervise and instruct individuals in the safe and lawful use of firearms, as well as courses on the legal obligations and liabilities of licensed persons. This training should be mandatory for all licensed persons who supervise the use of firearms. A third strategy is to establish clear guidelines and protocols for the supervision of individuals who use firearms under the direct and immediate supervision of a licensed person. These guidelines should specify the types of firearms that may be used, the places where firearms may be used, and the circumstances under which firearms may be discharged. They should also specify the roles and responsibilities of the supervising person and the individual who is using the firearm. Conclusion Section 95(3) of the Criminal Code of Canada provides exceptions to the general prohibition against unauthorized possession of firearms and other prohibited weapons. It allows a person to use a firearm under the direct and immediate supervision of another person who is lawfully entitled to possess it and is using it in a lawful manner. To ensure compliance with this provision, law enforcement agencies, courts, and individuals who possess firearms or engage in firearms-related activities should consider the strategic considerations and strategies discussed in this paper. These considerations and strategies will help to ensure that firearms are used safely and lawfully in Canada.