INTRODUCTION AND BRIEF DESCRIPTION
This section defines competent authority in relation to a prohibition order.
SECTION WORDING
113(5) In this section, "competent authority" means the competent authority that made or has jurisdiction to make the prohibition order.
EXPLANATION
Section 113(5) of the Criminal Code of Canada essentially defines the term "competent authority" as it is used throughout Section 113. This section deals with the prohibition of certain activities related to firearms, such as possession, acquisition, and transportation. The definition of "competent authority" is important because it identifies who has the power to make the prohibition orders under this section. The term "competent authority" refers to the government body or agency that has the authority to impose the prohibition order or has already done so. This could include the police, courts, or other government agencies responsible for firearms regulation. The definition ensures that the prohibition orders are only made by those who have the legal authority to do so. Without this definition, there could be confusion over who is authorized to make prohibition orders, potentially leading to unconstitutional or improper restrictions on firearms-related activities. By establishing a clear definition of "competent authority," Section 113(5) helps ensure that the prohibition orders are made appropriately and in compliance with the law. Overall, Section 113(5) is an important provision in the Criminal Code that clarifies the meaning of a key term used in Section 113. Its inclusion helps ensure that the section is enforced consistently and in accordance with the law.
COMMENTARY
Section 113(5) of the Criminal Code of Canada defines the term competent authority" for the purposes of Section 113 of the Code. This section deals with the prohibition of certain individuals who have been convicted of sexual offenses from attending public places where children are likely to be present. The purpose of the prohibition order is to protect children from potential harm by individuals who have a history of sexually abusing children. One of the key aspects of this section is that it specifies that the competent authority" referred to in the section is the authority that made or has jurisdiction to make the prohibition order. This is an important provision because it provides clarity and certainty regarding who is considered to be the competent authority for the purposes of enforcing the prohibition order. In practical terms, this means that if a person who is subject to a prohibition order is found to be in breach of that order, the prosecution will need to establish that the order was made or has jurisdiction to be made by the competent authority. This is important because it ensures that the prohibition order is enforceable only if it has been made by a competent authority and is within their jurisdiction. It also protects against any confusion or ambiguity regarding who has the authority to issue a prohibition order. It is worth noting that the term competent authority" may vary depending on the jurisdiction in which the prohibition order was made. For example, in some provinces, such as Ontario, the competent authority to make a prohibition order is a judge of the Superior Court of Justice or the Ontario Court of Justice. In other jurisdictions, the authority may be a provincial court judge or a justice of the peace. The purpose of the prohibition order under Section 113 is to protect children from potential harm by individuals who have a history of sexually abusing children. This is a serious issue, and the prohibition order is an important tool in protecting vulnerable members of society. By defining the competent authority" in this section, the Criminal Code ensures that prohibition orders are made only by those who have the authority to do so and who are able to enforce them effectively. In conclusion, Section 113(5) of the Criminal Code of Canada is an important provision that serves to clarify and define the term competent authority" with respect to making and enforcing prohibition orders. This provision ensures that prohibition orders are enforceable only if they have been made by a competent authority and are within their jurisdiction. By doing so, it helps to protect children from potential harm and ensures that individuals who have been convicted of sexual offenses are held accountable for their actions.
STRATEGY
Section 113(5) of the Criminal Code of Canada lays out the definition of competent authority" for the purpose of prohibition orders. A prohibition order is an order that is put in place against an individual or an organization, preventing them from undertaking a certain activity or engaging in certain behaviors. Such orders can be issued for a variety of reasons, ranging from protecting public safety to preventing further criminal activities. When dealing with section 113(5) of the Criminal Code of Canada, there are several strategic considerations that come into play. These considerations will largely depend on the circumstances surrounding the prohibition order and the individual or organization that it is being applied to. Some of the strategies that can be employed include: 1. Understanding the Jurisdiction: As stated in the section, the competent authority that made or has jurisdiction to make the prohibition order needs to be identified. This means that it is important to understand which body or organization is responsible for issuing the order and ensuring that the order is lawful and enforceable. 2. Objecting to the Prohibition Order: In some cases, it may be possible to object to the prohibition order on the grounds that it is unlawful, unreasonable, or infringes on the individual or organization's rights. This can involve challenging the authority of the body issuing the order or arguing that the order is based on faulty or incomplete information. 3. Compliance with the Order: When a prohibition order is issued, the individual or organization subject to the order must comply with its terms. This may involve taking certain actions or refraining from certain behaviors for a specified period of time. Non-compliance with the order can result in further legal consequences, including fines or imprisonment. 4. Seeking Legal Advice: It is always advisable to seek legal advice when dealing with matters related to prohibition orders and the Criminal Code. A qualified lawyer can provide guidance on the legal implications of the order and help ensure that the individual's or organization's rights are protected throughout the process. In conclusion, dealing with section 113(5) of the Criminal Code of Canada requires careful consideration and strategic planning. It is important to understand the legal framework governing prohibition orders and to take steps to ensure that the individual or organization subject to the order is protected and has their rights respected. This may involve challenging the authority of the body issuing the order, complying with its terms, and seeking legal advice to navigate the legal process effectively.