Criminal Code of Canada - section 111(5) - Prohibition Order

section 111(5)

INTRODUCTION AND BRIEF DESCRIPTION

Provincial court judges can make an order prohibiting possession of firearms and other weapons for up to five years if circumstances warrant it.

SECTION WORDING

111(5) Where, at the conclusion of a hearing of an application made under subsection (1), the provincial court judge is satisfied that the circumstances referred to in that subsection exist, the provincial court judge shall make an order prohibiting the person from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all such things, for such period, not exceeding five years, as is specified in the order, beginning on the day on which the order is made.

EXPLANATION

Section 111(5) of the Criminal Code of Canada provides the Provincial Court Judge with the power to make an order to prohibit a person from possessing firearms, cross-bows, prohibited weapons, restricted weapons, prohibited devices, ammunition, prohibited ammunition or explosive substances, or all such things for a specified period not exceeding five years. This section is applicable in cases where an application is made under subsection (1), which deals with instances where a peace officer has reasonable grounds to believe that the person in question poses a threat to public safety. The order made by the Provincial Court Judge under section 111(5) is an important protective measure in the interest of community safety. It helps to ensure that individuals who have been deemed a danger to society by a peace officer cannot possess weapons of any kind for a specified period. The section seeks to prevent potential harm that could be inflicted by individuals who may use firearms, prohibited weapons among others, to perpetrate violent crimes or harm society. Moreover, this section is a testament of Canada's commitment to promote and maintain public peace and security. It is a crucial component in the overall framework of Canada's criminal justice system, which seeks to strike a balance between individual rights and public safety. The prevention of crime, harm, injury, and death, among other key public safety considerations, are just some of the reasons why this section is a critical part of the Criminal Code of Canada. Ultimately, section 111(5) serves as a tool for law enforcement to maintain public order and safety and prevent dangerous individuals from possessing weapons.

COMMENTARY

Section 111(5) of the Criminal Code of Canada specifies the legal system's power to prohibit individuals from possessing firearms and other lethal weapons for a maximum period of five years at the conclusion of a hearing of an application made under subsection (1). The objective of this provision in Canadian legislation is to ensure public safety by prohibiting people who pose a threat to society from possessing firearms and other dangerous weapons. The regulation's primary objective is to provide a legal mechanism to prevent further harm if an individual poses a significant threat to public safety. It empowers the court to issue an order prohibiting an individual from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance for the time designated in the order after evaluating the circumstances under subsection (1). Various factors could influence a court's decision to prohibit an individual from possessing weapons. For example, if an individual has exhibited violent tendencies or has been convicted of a crime involving firearms or other lethal weapons in the past, a court may consider prohibiting the individual from possessing weapons. Subsection (1) outlines the circumstances that could lead a court to order a prohibition, and these circumstances include incidents or threats of domestic violence, mental instability, and a history of serious criminal offenses. The period of prohibition, which is not exceeding five years, should be adequate to protect the public and prevent further harm. After the specified period of the prohibition expires, the individual could apply to have the prohibition lifted to possess firearms or other lethal weapons lawfully. The individual could apply to the court to lift the prohibition if they can establish they no longer represent a threat to themselves or others. The court would evaluate the applicant's credibility to determine if they have taken necessary steps to improve their behavior and treatment, among other issues. Overall, Section 111(5) of the Criminal Code of Canada is a necessary tool to protect Canadian citizens from potential harm that could arise from the possession of firearms and other lethal weapons. It provides a legal avenue for the court to prohibit individuals from possessing weapons and help prevent further harm by placing reasonable restrictions on individuals that pose a significant threat to public safety. However, there is a need for ongoing evaluation of the regulation to ensure it is not overly burdensome and does not place undue limitations on law-abiding citizens' rights to possess firearms for sport, hunting, or personal protection.

STRATEGY

Section 111(5) of the Criminal Code of Canada gives provincial court judges the power to issue an order prohibiting a person from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition, or explosive substance for a specified period not exceeding five years. This section is a powerful tool for law enforcement agents, particularly in situations where an individual's possession of these items poses a threat to public safety. However, when dealing with this section of the Criminal Code of Canada, there are several strategic considerations that need to be taken into account. Some of these include: 1. Obtaining Sufficient Evidence: Before making an application under subsection (1) of section 111, the police must have sufficient evidence to convince the judge of the existence of circumstances that warrant the issuance of a prohibition order. It is important that investigators gather and present strong evidence that supports the application. 2. Timing of the Application: Timing the application is also an important consideration. It is often best to file the application as soon as possible after obtaining evidence that supports the issuance of a prohibition order. With time, the strength of the evidence can diminish, making it harder to convince the judge. 3. Presentation of Evidence: The presentation of evidence also plays a vital role. It is important to present the evidence in a way that convinces the judge that the circumstances exist for the issuance of a prohibition order. The evidence must be clear, precise, and properly structured to convince the judge. 4. Jurisdictional Considerations: It is crucial to ensure that the application is filed in the correct jurisdiction. While section 111(5) of the Criminal Code of Canada is a federal law, provincial courts have the jurisdiction to hear and issue prohibition orders. It is essential to determine the appropriate jurisdiction and follow the specific procedures for filing an application in that jurisdiction. 5. Compliance with Privacy Laws: In making an application under section 111(5), investigators must ensure that they are not violating any privacy laws. This means protecting the personal information of the individual being investigated and respecting their right to privacy. 6. Appeal Process: It is important to be mindful of the appeal process when dealing with section 111(5) of the Criminal Code of Canada. An individual who has been issued a prohibition order has the right to appeal the decision. It is important to prepare for an appeal, should one arise. Strategies that could be employed include: 1. Collaboration: Collaborating with other law enforcement agencies, such as local police departments or the Royal Canadian Mounted Police (RCMP), can be useful in gathering evidence and presenting a case in court. 2. Seeking Legal Advice: It is advisable to seek legal advice before making an application under section 111(5) of the Criminal Code. A competent lawyer can help ensure that the application is filed correctly and assist with any appeals that may arise. 3. Evidence Gathering: Law enforcement agents should focus on gathering strong evidence that supports the issuance of a prohibition order. This includes collecting eyewitness accounts, forensic evidence, or any other documentation that can support the application. 4. Preparing Witnesses: Witnesses may be called to testify at the prohibition order hearing. Preparing witnesses can help ensure that they are ready to deliver their testimony clearly and convincingly. This includes preparing them for any cross-examination that may arise. 5. Continued Monitoring: Even after a prohibition order is issued, it is important to continue monitoring the individual's activities. This can help ensure that they do not violate the order and can also provide additional evidence should a violation occur. In conclusion, section 111(5) of the Criminal Code of Canada can be a valuable tool for law enforcement in situations where an individual's possession of certain items poses a threat to public safety. However, careful consideration and planning are essential to ensuring that the application is properly filed, the evidence is sufficient, and the prohibition order is successful.