section 116(1)

INTRODUCTION AND BRIEF DESCRIPTION

This section revokes or amends any license or registration relating to a prohibited item issued to a person upon the issuance of a prohibition order.

SECTION WORDING

116(1) Subject to subsection (2), every authorization, licence and registration certificate relating to any thing the possession of which is prohibited by a prohibition order and issued to a person against whom the prohibition order is made is, on the commencement of the prohibition order, revoked, or amended, as the case may be, to the extent of the prohibitions in the order.

EXPLANATION

Section 116(1) of the Criminal Code of Canada relates to the possession of prohibited items and the consequences for those who possess them. This section applies when a prohibition order is made against a person, which is an order issued by a court that prohibits a person from possessing certain items. In such cases, this section provides that any authorization, licence, or registration certificate that relates to the prohibited item(s) and is issued to that person is revoked or amended, as necessary. The purpose of this section is to reinforce the authority of prohibition orders by ensuring that prohibited items are not possessed by individuals who are subject to such orders. It does this by making it illegal for the person named in the prohibition order to possess any related authorizations, licences, or registration certificates, regardless of whether they were issued before or after the order was made. This means that anyone who violates this section by possessing a prohibited item could face serious consequences, including fines or imprisonment. Overall, this section is an important tool in the enforcement of prohibition orders and helps to ensure that individuals who pose a risk to themselves or others do not have access to dangerous items. While the punishment for violating this section may be severe, it serves as a strong deterrent to those who might be tempted to possess prohibited items, which ultimately helps to keep communities safe.

COMMENTARY

Section 116(1) of the Criminal Code of Canada highlights the impact of prohibitions on the possession of certain items. The section states that anyone who is prohibited from possessing certain items through a prohibition order will have any authorization, license, or registration certificate related to those items revoked or amended accordingly. Prohibition orders are issued by the courts in Canada, and they can be used in a variety of circumstances. For example, a prohibition order may be issued to someone who has a history of violent behavior or who has been convicted of a serious crime. The purpose of the order is to prevent that person from possessing certain items or engaging in certain activities that could contribute to further criminal activity. Prohibition orders can cover a wide range of activities or items, such as firearms, drugs, or even certain types of technology. The impact of a prohibition order can be significant, especially when it comes to possession of certain items. Section 116(1) of the Criminal Code of Canada emphasizes this point by stating that anyone who is subject to a prohibition order will have their authorization, license, or registration certificate related to the prohibited item revoked or amended. This means that even if someone had previously been authorized to possess a certain item, such as a firearm or a specific type of medication, that authorization will no longer be valid once a prohibition order is issued. One of the important aspects of this section of the Criminal Code is that it applies only to the person who is subject to the prohibition order. This means that if someone else in the household or business had possession of the item in question, they would not have their authorization, license, or registration certificate revoked or amended. However, it's important to note that it is still illegal for anyone else to possess the item if it is prohibited by the order. The language used in Section 116(1) is clear and concise, making it easy to understand the impact of a prohibition order. It emphasizes the importance of these orders in preventing criminal activity, while also recognizing the impact they can have on someone's ability to possess certain items. This section of the Criminal Code demonstrates that the Canadian justice system takes prohibition orders seriously and is committed to enforcing them. In conclusion, Section 116(1) of the Criminal Code of Canada plays a crucial role in ensuring that prohibition orders are followed and that people cannot possess items that are deemed too dangerous or risky. It underlines the importance of these orders and the need for vigilance in preventing crime and protecting public safety. Ultimately, by revoking or amending any authorizations, licenses, or registration certificates associated with prohibited items, this section of the Criminal Code helps to keep harmful items out of the hands of those who would use them for nefarious purposes.

STRATEGY

Section 116(1) of the Criminal Code of Canada can be a powerful tool for law enforcement, as it allows for the revocation or amendment of authorizations, licenses, and registration certificates for prohibited items. However, as with any legal provision, there are strategic considerations that must be taken into account when dealing with this section. One important factor to consider is the scope of the prohibition order itself. In order for Section 116(1) to be applicable, the possession of the item in question must be prohibited by a valid prohibition order. This means that the order must have been issued by a competent authority, and must specifically prohibit the possession of the item in question. If the order is too broad, or does not clearly apply to the item in question, it may not be enforceable under this section. Another strategic consideration is the timing of the revocation or amendment of the authorization, license, or registration certificate. Section 116(1) requires that the revocation or amendment take place "on the commencement of the prohibition order," which means that it must be done promptly after the order is issued. If there is a delay in enforcing this section, the person subject to the prohibition order may have already disposed of the prohibited item or taken other steps to avoid detection. In some cases, it may be necessary to obtain an interim order to prevent this from happening. A third consideration is the potential consequences for the person subject to the prohibition order. Revoking or amending an authorization, license, or registration certificate can have serious implications for the individual's ability to carry out certain activities. For example, if the person is a licensed firearms owner, the revocation of their license could prevent them from continuing to engage in hunting or sport shooting. This can be particularly impactful in cases where the person has not been charged with a criminal offense, as the revocation or amendment of their certificates may feel like an arbitrary punishment to them. In light of these considerations, there are several strategies that could be employed in dealing with Section 116(1) of the Criminal Code. One approach is to ensure that all prohibition orders are drafted carefully and specifically, so that they are enforceable under this section. This may involve working closely with prosecutors and other legal professionals to ensure that the language of the order is clear and unambiguous. Another strategy is to prioritize the enforcement of Section 116(1) in cases where there is a high risk of harm or danger. For example, if a person subject to a prohibition order is known to have a history of violent behavior, it may be important to act quickly to revoke their authorization to possess weapons or other dangerous items. Finally, it may be necessary to consider alternative approaches to enforcement in cases where the revocation or amendment of a certificate would have particularly harsh consequences. This could involve working with the individual to find alternative ways for them to continue engaging in activities that are important to them while still complying with the prohibition order. In conclusion, Section 116(1) of the Criminal Code of Canada can be a powerful tool for law enforcement, but it is important to approach its enforcement with care and consideration. By taking into account the various strategic considerations outlined above, legal professionals can ensure that this section is applied in the most effective and appropriate manner possible.