INTRODUCTION AND BRIEF DESCRIPTION
This section allows a competent authority to require a person subject to a prohibition order to surrender prohibited weapons and related documentation to a peace officer, firearms officer or chief firearms officer, within a specified timeframe.
SECTION WORDING
114 A competent authority that makes a prohibition order against a person may, in the order, require the person to surrender to a peace officer, a firearms officer or a chief firearms officer (a) any thing the possession of which is prohibited by the order that is in the possession of the person on the commencement of the order, and (b) every authorization, licence and registration certificate relating to any thing the possession of which is prohibited by the order that is held by the person on the commencement of the order, and where the competent authority does so, it shall specify in the order a reasonable period for surrendering such things and documents and during which section 117.01 does not apply to that person.
EXPLANATION
Section 114 of the Criminal Code of Canada provides a mechanism for prohibiting a person from possessing firearms or other dangerous weapons. This section empowers competent authorities, such as a judge or a police officer, to issue an order prohibiting a person from possessing any item that is deemed dangerous or offensive under the law. The order may also require the person to surrender any prohibited items or authorizations related to them to a peace officer, firearms officer or chief firearms officer. The purpose of this section is to prevent dangerous individuals from possessing firearms or other weapons that could be used to harm others. The section helps to ensure public safety by providing law enforcement and other competent authorities with the tools they need to prevent dangerous individuals from possessing firearms or other dangerous weapons. Under this section, the competent authority issuing the prohibition order must specify a reasonable period during which the person must surrender any prohibited items or authorizations they possess. During this period, the person is exempt from section 117.01 of the Criminal Code, which provides for a penalty for failure to surrender prohibited items. Anyone who fails to comply with a prohibition order issued under this section could face criminal charges and penalties, including fines and imprisonment. Therefore, this section serves as an important tool for preventing dangerous individuals from possessing firearms or other dangerous weapons and ensuring the safety of the public.
COMMENTARY
Section 114 of the Criminal Code of Canada is a provision that empowers competent authorities to make a prohibition order against an individual and require them to surrender their unlawful possessions to law enforcement officers. The provision is one of the measures put in place to curb criminal activities in the country, particularly those that involve the use of firearms or dangerous weapons. The main objective of Section 114 is to prevent the possession of firearms and related items by individuals who are deemed to be unfit to have them. This typically includes individuals with a violent criminal history, those who have been convicted of a serious offense, or those who pose a significant risk to public safety. A prohibition order may be initiated against such individuals, requiring them to give up their firearms, ammunition, and related accessories. The provision states that competent authorities are empowered to demand the surrender of any prohibited item in an individual's possession at the commencement of the prohibition order. This includes firearms, ammunition, and accessories, as well as any documentation that is related to the possession of these items, including licenses, authorizations, or registration certificates. The duration of the prohibition order, as well as the timeline for the surrender of prohibited items, must be specified in the order. Section 114 provides two main benefits. Firstly, it helps authorities to disarm potentially dangerous individuals, thus reducing the risk of violence or harm to others. Secondly, it prevents prohibited persons from easily obtaining firearms and related items, which reduces the scope of criminal activity. While the provision helps to promote public safety, it is not without its critics. Some argue that the provision may infringe on an individual's right to possess firearms and other related items. However, the Canadian constitution has recognized that public safety and individual rights must be balanced. As such, the provision is seen as a necessary measure aimed at ensuring that firearms and related items are only in the hands of responsible citizens. In conclusion, Section 114 of the Criminal Code of Canada is a vital provision that helps authorities to disarm potentially dangerous individuals and prevent criminal activities relating to firearms. While some may argue that the provision infringes on an individual's rights, it is a necessary measure aimed at strike a balance between individual rights and public safety.
STRATEGY
Section 114 of the Criminal Code of Canada deals with prohibition orders regarding firearms possession. It allows competent authorities (usually courts) to order individuals to surrender any prohibited firearms, as well as related licences and registration certificates. This is an important tool in managing public safety risk, particularly for individuals who have demonstrated a pattern of dangerous behaviour or who have criminal convictions related to firearms. Strategic considerations when dealing with this section of the Criminal Code will vary depending on the situation and the individual involved. However, some potential strategies include: 1. Focusing on prevention: Rather than waiting for a situation to escalate and then seeking a prohibition order, authorities may consider applying for one proactively. For example, if an individual has a history of domestic violence and owns firearms, a prohibition order may be sought before any physical harm has occurred. 2. Ensuring enforcement: Once a prohibition order has been issued, it is important to ensure that it is enforced. This may require coordination between different agencies, such as police, courts, and licensing bodies. Regular checks may be needed to ensure that prohibited individuals have not found other ways to access firearms or other prohibited weapons. 3. Providing support: For individuals who have had firearms seized, it may be important to provide support to help them comply with the prohibition order. This could include counseling or therapy to address any underlying issues that contributed to their behaviour, as well as help navigating the legal process. 4. Addressing root causes: While prohibition orders can help manage risk, they do not necessarily address the underlying issues that led to the original possession of prohibited firearms. Addressing these root causes, such as poverty, mental health issues, or social isolation, may be key to preventing future incidents. 5. Collaborating with community stakeholders: Prohibition orders are most effective when they are part of a larger community safety strategy. This may involve collaborating with community groups, health care providers, and other stakeholders to address issues of violence and trauma. Overall, section 114 of the Criminal Code of Canada can be a powerful tool for managing public safety risk related to firearms possession. However, it is important to approach its implementation strategically, with a focus on prevention, enforcement, support, and collaboration with community stakeholders.