section 116(2)

INTRODUCTION AND BRIEF DESCRIPTION

Authorization, license, and registration relating to a prohibited possession are revoked only during the period of the order.

SECTION WORDING

116(2) An authorization, a licence and a registration certificate relating to a thing the possession of which is prohibited by an order made under section 515 is revoked, or amended, as the case may be, only in respect of the period during which the order is in force.

EXPLANATION

Section 116(2) of the Criminal Code of Canada concerns the revocation or amendment of authorizations, licenses, and registration certificates for items that are prohibited by an order made under section 515. This order is typically issued by a judge to prevent someone who has been charged with a criminal offense from possessing certain items, such as firearms, ammunition, or explosives, that may be used to commit further offenses or harm others. The section stipulates that any authorization, license, or registration certificate relating to a prohibited item is only revoked or amended during the period of time in which the order is in effect. This means that if the order is lifted or expires, the individual's rights to possess the prohibited item are restored. However, it is important to note that this restoration of rights is limited to the items that were covered under the original authorization, license, or registration certificate. The purpose of this provision is to ensure that individuals are not unfairly penalized or prevented from exercising their lawful rights to possess certain items simply because they are under a temporary court order. While the order may restrict their possession rights for a period of time, the revocation or amendment of their authorizations, licenses, or registration certificates is only temporary and limited to the duration of the order. This helps to strike a balance between public safety concerns and individual rights in the Canadian criminal justice system.

COMMENTARY

Section 116(2) of the Criminal Code of Canada deals with the revocation or amendment of authorization, license, and registration certificates relating to a thing whose possession is prohibited by an order made under section 515. This section of the Criminal Code is an essential tool used by the Canadian government to combat organized crime, protect national security, and maintain public safety. The provision authorizes law enforcement agencies to revoke or amend authorizations, licenses, and registration certificates relating to things whose possession is prohibited under section 515 of the Criminal Code. The prohibition may relate to objects such as firearms, explosives, drugs, and other dangerous substances that may pose a threat to public safety. The revocation or amendment of licenses and authorizations is necessary to prevent criminals and other dangerous people from possessing dangerous substances or weapons that are prohibited under section 515. Section 116(2) of the Criminal Code is an essential provision for law enforcement agencies because it allows them to take swift action against individuals who pose a threat to public safety. The provision allows for the immediate revocation or amendment of authorizations, licenses, and registration certificates, which means that dangerous individuals will not be able to obtain or possess dangerous substances or weapons for the duration of the order. The provision operates on the principle that the possession of dangerous substances or weapons that are prohibited under section 515 poses a real and significant threat to public safety. Thus, revocation or amendment of licenses and authorizations is necessary to ensure public safety and prevent illegal activities that could harm individuals, damage property, or destabilize the country's national security. Furthermore, Section 116(2) ensures that the revocation or amendment of licenses, authorizations, and registration certificates is done only in respect of the period during which the order is in force. This means that once the order is lifted, the revoked or amended licenses, authorizations, and registration certificates will be reinstated, and individuals will be able to lawfully possess whatever substances or weapons they were previously prohibited from possessing. In conclusion, Section 116(2) of the Criminal Code of Canada is an important provision that empowers law enforcement agencies to take prompt action against individuals who pose a threat to public safety. The provision allows for the immediate revocation or amendment of licenses, authorizations, and registration certificates relating to dangerous substances or weapons that are prohibited under section 515. It is essential for the protection of national security, public safety, and the prevention of criminal activity and should be upheld and enforced diligently.

STRATEGY

Section 116(2) of the Criminal Code of Canada deals with the revocation or amendment of authorization, license, and registration certificates relating to a thing whose possession is prohibited by an order made under section 515. This section has significant implications for individuals or entities whose possession of goods is prohibited under such orders. Strategic considerations when dealing with this section of the Criminal Code of Canada include understanding the legal framework under which the section operates, developing effective communication strategies with relevant authorities, and exploring legal options to challenge the prohibition order. One of the first strategic considerations when dealing with Section 116(2) is to understand the legal framework. Such an understanding requires knowledge of the circumstances under which the section applies and the relevant legal provisions that apply in such situations. For instance, Section 515 of the Criminal Code allows for the issuance of search warrants and other orders prohibiting the possession of certain goods. Individuals or entities subject to these orders must comply with them, or risk facing criminal charges. Therefore, individuals or entities should seek legal counsel to understand the legal implications of the order and the revocation or amendment of authorization, license, and registration certificates relating to the prohibited items. Another strategic consideration is developing effective communication strategies with relevant authorities. Communication is essential in cases where an individual or entity seeks to challenge the prohibition order or seek a modification of the order to allow for possession of prohibited goods. Clear, concise, and timely communication with such authorities can help to clarify the issues in question and allow for a resolution that benefits all parties. Furthermore, effective communication strategies can help individuals or entities to negotiate favorable terms with relevant authorities and increase their chances of obtaining a favorable outcome. Exploring legal options to challenge the prohibition order is also a strategic consideration. In some cases, individuals or entities may have legal grounds to challenge the validity of the prohibition order or seek a modification of the order. For example, in cases where the prohibition order is based on insufficient evidence, individuals or entities may challenge the order on the basis of a violation of their right to due process. Similarly, individuals or entities may seek to modify the order to allow for the possession of prohibited items, especially in cases where the prohibition order results in significant economic or personal hardship. In conclusion, Section 116(2) of the Criminal Code of Canada has significant implications for individuals or entities whose possession of goods is prohibited by an order made under section 515. Strategic considerations when dealing with this section of the Criminal Code of Canada include understanding the legal framework, developing effective communication strategies with relevant authorities, and exploring legal options to challenge the prohibition order. Employing these strategies can increase the chances of obtaining a favorable outcome in cases where possession of prohibited items is prohibited.