INTRODUCTION AND BRIEF DESCRIPTION
Section 113(3) prohibits the denial of authorization, license or registration due to a prohibition order, and allows issuance of authorization and license only for sustenance or employment purposes during the duration of the order.
SECTION WORDING
113(3) Where an order is made under subsection (1), (a) an authorization, a licence or a registration certificate may not be denied to the person in respect of whom the order was made solely on the basis of a prohibition order against the person or the commission of an offence in respect of which a prohibition order was made against the person; and (b) an authorization and a licence may, for the duration of the order, be issued to the person in respect of whom the order was made only for sustenance or employment purposes and, where the order sets out terms and conditions, only in accordance with those terms and conditions, but, for greater certainty, the authorization or licence may also be subject to terms and conditions set by the chief firearms officer that are not inconsistent with the purpose for which it is issued and any terms and conditions set out in the order.
EXPLANATION
Section 113(3) of the Criminal Code of Canada outlines the restrictions and limitations placed on individuals who have been issued an order prohibiting them from possessing firearms. When an order is made under subsection (1), this section states that an authorization, a licence, or a registration certificate cannot be denied to the person solely based on the prohibition order against them or for the commission of offences that resulted in the imposition of a prohibition order. However, there are some limitations to this rule. An authorization and a licence may only be issued to the person for sustenance or employment purposes and must be in accordance with any terms and conditions set out in the order. Additionally, the chief firearms officer may impose extra terms and conditions that are not inconsistent with the purpose for which the licence or authorization was issued. The purpose of this section is to provide guidance on how individuals who have been issued a prohibition order affecting their firearms possession can still access certain licenses or authorizations necessary for their daily lives. This is meant to balance the need for public safety with an individual's rights and access to employment and sustenance. It is important to note that any breach of the terms and conditions set out in the order or by the chief firearms officer may lead to the revocation of any authorization or licence issued under this section.
COMMENTARY
Section 113(3) of the Criminal Code of Canada addresses the consequences of a prohibition order being made against a person in relation to their ability to possess and use firearms. This section recognizes that despite the imposition of a prohibition order, there may still be situations where a person requires temporary access to firearms for employment or sustenance purposes. The section restricts the ability of authorities to deny the person in respect of whom the prohibition order was made an authorization, a licence or a registration certificate solely on the basis of the prohibition order or an offence which resulted in the making of the order. This implies that while the person may be subject to a prohibition order, there may still be circumstances where firearms may be required, and the issue of an authorization, a licence or a registration certificate cannot be denied solely on the basis of the order. However, section 113(3) places restrictions on the types of authorizations or licenses that may be issued to the person subject to the prohibition order, and the duration and conditions of such authorizations or licenses. Specifically, the authorization or license may be issued only for sustenance or employment purposes and subject to the terms and conditions set out in the prohibition order. This implies that the individual's access to firearms is limited to the scope of their employment or sustenance needs. Additionally, the Chief Firearms Officer may set further terms and conditions in situations where such conditions will not be inconsistent with the purpose for which it is issued and any conditions set out in the prohibition order. This suggests that authorities have some discretion to determine the appropriateness of the terms and conditions attached to the issuance of authorizations or licenses to individuals subject to a prohibition order. The purpose of the section is to strike a balance between the need to provide for the security of the public and the rights and needs of individuals who require temporary access to firearms. It recognizes that access to firearms may be necessary for certain activities and livelihoods while they are still subject to a prohibition order. Overall, section 113(3) of the Criminal Code of Canada provides for a mechanism for individuals subject to a prohibition order to access firearms for employment or sustenance without compromising public safety. This section reinforces the idea that the criminal justice system recognizes the importance of individual rights and needs within the context of public safety; a delicate balance that must be consistently and constantly reconciled.
STRATEGY
Section 113(3) of the Criminal Code of Canada has significant implications for individuals who have been subject to a prohibition order. The section outlines the restrictions that are placed on individuals in terms of the issuance of authorizations, licenses or registration certificates. In this context, it is important to note that there are several strategic considerations that must be taken into account when dealing with this section of the Criminal Code. One of the primary strategies that could be employed is to work closely with legal professionals who have extensive experience in dealing with these matters. This may include criminal defense lawyers, as well as lawyers who specialize in firearms law and related compliance issues. By working with professionals who are knowledgeable in this area, individuals can better understand their rights and obligations under section 113(3), as well as develop effective strategies for navigating the legal system. Another strategic consideration when dealing with section 113(3) is to ensure that all relevant documentation and evidence is properly prepared and presented to the appropriate authorities. This may include obtaining any necessary permits or licenses, as well as providing evidence of compliance with any terms and conditions set out in the prohibition order. By providing accurate and comprehensive documentation, individuals can help to ensure that their applications for authorizations or licenses are processed quickly and efficiently. Additionally, individuals should take steps to ensure that they are in full compliance with all relevant laws and regulations surrounding firearms ownership and use. This may include attending training courses and obtaining the necessary certifications, as well as staying up to date on any changes to the law or regulations. By demonstrating a commitment to safety and responsible gun ownership, individuals can strengthen their case for the issuance of authorizations or licenses. Finally, it is critical to engage in proactive communication with relevant authorities, including the chief firearms officer. By establishing open lines of communication and working collaboratively to address any issues or concerns, individuals can help to ensure that their applications are processed fairly and efficiently, while also helping to promote safety and compliance in the firearms community. Overall, dealing with section 113(3) of the Criminal Code of Canada requires a strategic and diligent approach. By working closely with legal professionals and relevant authorities, while also prioritizing compliance and communication, individuals can take steps to navigate this complex area of the law in an effective and successful manner.