section 113(1)

INTRODUCTION AND BRIEF DESCRIPTION

This section allows a competent authority to authorize the issuance of a firearm or restricted weapon to a person subject to a prohibition order if it is necessary for sustenance or employment purposes.

SECTION WORDING

113(1) Where a person who is or will be a person against whom a prohibition order is made establishes to the satisfaction of a competent authority that (a) the person needs a firearm or restricted weapon to hunt or trap in order to sustain the person or the persons family, or (b) a prohibition order against the person would constitute a virtual prohibition against employment in the only vocation open to the person, the competent authority may, notwithstanding that the person is or will be subject to a prohibition order, make an order authorizing a chief firearms officer or the Registrar to issue, in accordance with such terms and conditions as the competent authority considers appropriate, an authorization, a licence or a registration certificate, as the case may be, to the person for sustenance or employment purposes.

EXPLANATION

Section 113(1) of the Criminal Code of Canada provides for exceptions to the prohibition order that is made against an individual. The section allows an individual who has been prohibited from possessing firearms or restricted weapons to apply for an authorization, licence, or registration certificate if they can demonstrate to a competent authority that they need a firearm or restricted weapon for two reasons. Firstly, an individual can demonstrate a need for a weapon to hunt or trap in order to sustain themselves or their family. Secondly, an individual can demonstrate that the prohibition order would prevent them from following their only source of employment, in which case the authority may consider issuing an authorization, licence, or registration certificate. The competent authority has the discretion to issue the authorization, licence, or registration certificate as long as they are satisfied with the individual's demonstration of need and the conditions under which they may possess a firearm or restricted weapon for sustenance or employment purposes. The authority may determine the terms and conditions of the authorization, licence, or registration certificate, including the type of weapon, the purpose for which it may be used, and the length of time for which it is valid. This section reflects the balance between the need for public safety and security, and the right of individuals to possess a firearm or restricted weapon for legitimate purposes. It allows individuals who have been prohibited from possessing firearms or restricted weapons to apply for an exemption if they can demonstrate a legitimate need. However, it also ensures that the authority retains the discretion to evaluate and regulate any such authorization, licence, or registration certificate, taking into account public safety and security concerns.

COMMENTARY

Section 113(1) of the Criminal Code of Canada is a provision that aims at providing a person who is subject to a prohibition order with an opportunity to access a firearm or a restricted weapon for sustenance or employment purposes. However, such an authorization, license, or registration certificate is only granted after the person establishes to the satisfaction of a competent authority, that they have a legitimate need for the firearm or the restricted weapon. This provision recognizes the fact that some individuals require firearms for sustenance, such as hunting and trapping in order to provide food for themselves and their families. On the other hand, some individuals require firearms for employment, primarily those whose only vocation involves handling firearms or restricted weapons, such as law enforcement officers, security personnel, or firearms instructors. A prohibition order in such cases would deprive the individual of their livelihood and would, therefore, be considered a virtual prohibition against employment for such individuals. As such, section 113(1) of the Criminal Code of Canada aims at providing a provision that would allow for such individuals to continue pursuing their vocation without being unduly impacted by a prohibition order. One of the key aspects of this provision is that it requires the competent authority to establish that the person has a legitimate need for the firearm or restricted weapon. In other words, the need has to be established on a case-by-case basis, and the person must provide sufficient evidence to satisfy the competent authority that the need is genuine. The competent authority has the discretion to determine the terms and conditions under which the authorization, license, or registration certificate is granted. This may include restrictions on the type of firearms or restricted weapons that the person can possess, where they can be used, and the manner in which they can be stored. This provision recognizes that firearms and restricted weapons are highly regulated items, and as such, there is a need for strict controls on their possession and use. The establishment and enforcement of these controls are crucial in the prevention of firearms-related crimes, including homicides, suicides, and other forms of violence. However, for those individuals with a legitimate need for firearms or restricted weapons, this provision provides an avenue for them to access these items without being unduly impacted by a prohibition order. In conclusion, section 113(1) of the Criminal Code of Canada is a provision that recognizes the need for individuals with a legitimate need for firearms or restricted weapons to access these items for sustenance or employment purposes. However, this provision requires that the person establish to the satisfaction of a competent authority that the need is genuine. While firearms and restricted weapons are highly regulated items, it is essential to ensure that legitimate needs are met and that those who require such items can access them without undue restrictions.

STRATEGY

Section 113(1) of the Criminal Code of Canada provides the legal framework for individuals to apply for licensing and registration certificates to use firearms or restricted weapons for sustenance or employment purposes. However, this section also imposes certain restrictions and prerequisites that need to be considered before applying for authorization, licensing, or registration certificates. One of the key strategic considerations when dealing with Section 113(1) is to establish the legitimacy of the need for firearms or restricted weapons. In this regard, applicants need to gather and present strong supporting evidence that validates their claim of requiring firearms or restricted weapons for sustenance or employment purposes. For instance, applicants seeking authorization to hunt or trap must provide evidence that they do not have access to other means of obtaining food for themselves or their families. Alternatively, applicants looking to work in roles that require the use of firearms or restricted weapons must demonstrate that alternative employment options are not viable or suitable for them. Another strategic consideration when applying under Section 113(1) is to understand the specific terms and conditions under which authorizations, licenses, or registration certificates may be issued. These terms and conditions are based on the recommendations of "competent authorities" who are responsible for evaluating the credibility and authenticity of the need for firearms or restricted weapons. Therefore, it is essential to familiarize oneself with these terms and conditions and abide by them to ensure compliance with the regulations and statutes of the law. A crucial strategy when applying under Section 113(1) is to engage a lawyer or legal counsel who has expertise in firearms legislation. A lawyer can help assess the strength of an applicant's case and provide counsel on gathering evidence, drafting persuasive arguments, and negotiating terms and conditions with competent authorities. Additionally, a lawyer can provide guidance on compliance with regulatory frameworks and assist with navigating the bureaucracy of the licensing and registration process. Another key strategic consideration is to ensure that all applications and supporting documents are accurate, complete, and timely. Inaccurate or incomplete applications can result in delays, rejections, and legal complications. Therefore, it is essential to pay close attention to details, provide clear and concise explanations, and follow all guidelines and regulations in the application process. In conclusion, Section 113(1) of the Criminal Code of Canada outlines the legal framework for individuals to apply for authorizations, licenses, or registration certificates to use firearms or restricted weapons for sustenance or employment purposes. To navigate this process successfully, applicants need to establish the legitimacy of their need for firearms or restricted weapons, understand the terms and conditions of authorizations, engage legal counsel, ensure accuracy and completeness, and comply with all regulatory frameworks. By following these strategies and considerations, individuals can increase their chances of obtaining authorized access to firearms and restricted weapons in Canada.