Criminal Code of Canada - section 108(1) - Tampering with Serial Number

section 108(1)

INTRODUCTION AND BRIEF DESCRIPTION

It is illegal to alter or possess a firearm with an altered, defaced, or removed serial number.

SECTION WORDING

108(1) Every person commits an offence who, without lawful excuse, the proof of which lies on the person, (a) alters, defaces or removes a serial number on a firearm; or (b) possesses a firearm knowing that the serial number on it has been altered, defaced or removed.

EXPLANATION

Section 108(1) of the Criminal Code of Canada criminalizes the alteration, defacement, or removal of a serial number on a firearm, and the possession of a firearm knowing that its serial number has been altered, defaced, or removed. The section aims to prevent gun-related crimes by enabling the tracking of firearms that may be used in criminal activities. The law recognizes the importance of tracing firearms used in the commission of crimes, and serial numbers provide a valuable means to achieve this objective. The alteration, defacement, or removal of a firearm's serial number makes it difficult to track, trace, and identify the firearm and its owner, hindering law enforcement authorities in identifying those who use firearms to perpetrate crimes. The possession of a firearm whose serial number has been altered, defaced, or removed is also a criminal offence, and individuals found guilty of such an offence can face serious consequences such as imprisonment. This provision aims to deter individuals from possessing or dealing with firearms that they know have been tampered with, which will reduce the number of unlawful firearms in the hands of criminals. Overall, Section 108(1) of the Criminal Code of Canada is an essential provision that helps to prevent gun-related crimes and deter unlawful possession and dealing of firearms. The provision ensures that firearms are accurately tracked and identified, which is essential in enforcing gun laws and bringing those who engage in illegal activities involving firearms to justice.

COMMENTARY

Section 108(1) of the Criminal Code of Canada is an important part of firearms regulation in the country. This section criminalizes the removal, defacing, or alteration of a firearm's serial number, as well as the possession of a firearm with a serial number that has been altered, defaced, or removed. Serial numbers are critical for tracking firearms and for identifying them in cases of crime. The removal, defacing, or alteration of serial numbers makes it much more difficult for law enforcement to track firearms used in crimes and to successfully prosecute those responsible for their misuse. Therefore, section 108(1) serves as an important deterrent to criminal activity and helps protect public safety. The offense under section 108(1) is not one that is easily proven. The burden of proof lies on the prosecution to demonstrate that the alteration, defacing, or removal of a serial number was not lawful. Therefore, a person who has lawfully altered the serial number on a firearm, or who has taken steps to ensure that a damaged serial number can still be read, is not guilty of this offense. However, even if a person has a lawful excuse for altering or defacing a serial number, it is important for them to understand that this can still raise suspicion and could potentially lead to legal complications. Law enforcement agencies take the issue of firearm regulation very seriously. They work tirelessly to track illegal firearms and to bring criminals to justice. If a firearm's serial number is altered, defaced, or removed, it may become much more difficult for law enforcement officials to do their job, even if the alteration was made for a legitimate reason. One of the key challenges facing law enforcement agencies in Canada is the flow of illegal firearms across the border from the United States. As a result, initiatives such as Operation Ironside, which involves the collaboration of law enforcement agencies from multiple countries, have been put in place to help combat this problem. The effectiveness of this initiative and others like it relies heavily on the use of serial numbers to identify and trace firearms. Therefore, the alteration, defacing, or removal of serial numbers is not only a crime in Canada, but also hinders efforts to reduce the circulation of illegal firearms and to curb violent crime. In summary, section 108(1) of the Criminal Code of Canada is an important piece of legislation that helps regulate the possession of firearms in the country. By criminalizing the alteration, defacing, or removal of a firearm's serial number, this section serves as a deterrent to criminal activity and helps protect public safety. Although a person may have a lawful excuse for altering or defacing a serial number, it is important for them to consider the potential consequences of doing so, as it can raise suspicion and potentially lead to legal complications. Ultimately, the use of serial numbers is critical for tracking firearms and identifying them in cases of crime, and the alteration, defacing or removal of them can impede law enforcement's efforts to prevent violent crime and protect public safety in Canada.

STRATEGY

Section 108(1) of the Criminal Code of Canada is of utmost importance as it deals with firearms, which can pose a significant threat to society if they fall into the wrong hands. This section criminalizes two offenses related to firearm serial numbers: (a) altering, defacing, or removing a serial number on a firearm, and (b) possessing a firearm with knowledge of the serial number being altered, defaced, or removed. Convictions under this section can result in serious consequences, including imprisonment and a criminal record. Therefore, when dealing with this section, several strategic considerations must be kept in mind. One of the primary strategic considerations when dealing with Section 108(1) is the nature of the evidence required to prove the offense. The prosecution bears the burden of proving that the accused possessed a firearm with an altered serial number or that the accused altered the firearm's serial number. Therefore, strategic considerations around evidence would naturally be paramount. In cases where the evidence is lacking or weak, the prosecution's case may be undermined, leading to a possible dismissal or acquittal. Another strategic consideration is engaging a skilled defense lawyer to mount a robust defense against the charges. In cases involving Section 108(1), it is recommended that the accused retains a lawyer with experience in defending firearm-related charges. The defense lawyer must have a sound understanding of criminal laws surrounding firearms such as Section 108(1) because overlooking important details could lead to a conviction of the accused. A further strategic consideration relating to this section is the potential defenses that might apply. There are situations where a person may have a lawful excuse for possessing a firearm with an altered serial number. For instance, a person who inherited a firearm may not have known that the firearm's serial number had been altered. Also, a person who received a firearm from a manufacturer with an altered serial number may have a lawful excuse depending on the circumstances. The defense lawyer must analyze the evidence available and any lawful justifications the accused might have in an attempt to counteract the prosecution's case. Lastly, another consideration relates to the sentencing consequences that could arise should a conviction occur. A conviction for this offense could result in imprisonment, a substantial fine, or both. In many cases, the accused may also have their license to own and carry firearms revoked, leading to a permanent ban. Before trial or a guilty verdict, the defense lawyer must work closely with the accused to prepare strong mitigation arguments in an attempt to minimize the potential punishment in the event of a conviction. In conclusion, Section 108(1) of the Criminal Code of Canada is an essential provision when dealing with firearm-related offenses. When applying this section in a legal case, several strategic considerations come to mind, including evidence, defense options, and the impact of a potential conviction on an accused person's life. Therefore, anyone facing charges under Section 108(1) should seek a knowledgeable and experienced defense lawyer on their side.