INTRODUCTION AND BRIEF DESCRIPTION

It is illegal to possess firearms or other weapons if prohibited by an order made under the Criminal Code or any other Act of Parliament.

SECTION WORDING

117.01 (1) Subject to subsection (4), every person commits an offence who possesses a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, any ammunition, any prohibited ammunition or an explosive substance while the person is prohibited from doing so by any order made under this Act or any other Act of Parliament.

EXPLANATION

Section 117.01(1) of the Criminal Code of Canada addresses the offense of possessing certain weapons and substances while being prohibited from doing so by an order made under the Act or any other Act of Parliament. In essence, this section makes it a criminal offense to possess firearms, cross-bows, prohibited weapons, restricted weapons, prohibited devices, ammunition, prohibited ammunition, or explosive substances while being legally prohibited from doing so. This section is designed to protect public safety by controlling the possession of certain dangerous weapons and substances by individuals who have been legally prohibited from possessing them. Such prohibition orders may be issued for a variety of reasons, including a prior criminal conviction or a history of violence or other dangerous behavior. It is important to note that possession of the aforementioned items in and of itself is not a criminal offense, but rather the offense is committed when such possession is prohibited by law. The penalty for violating this section can be severe, including imprisonment for up to 10 years, making it a serious offense under Canadian law. Additionally, it should be noted that certain exceptions apply to this section, such as when possession of the prohibited item is authorized by law or in connection with certain activities such as hunting or sports shooting. However, it is ultimately the responsibility of the individual possessing such items to ensure that they are not in violation of any relevant prohibition orders. Overall, section 117.01(1) plays an important role in regulating the possession of certain dangerous weapons and substances in Canada, ultimately contributing to public safety and security.

COMMENTARY

Section 117.01 (1) of the Criminal Code of Canada deals with the possession of prohibited weapons, firearms, ammunition, or explosive substances by an individual who is prohibited from doing so by order made under the Criminal Code or any other Act of Parliament. This section of the Criminal Code is crucial in preventing individuals who have already been convicted of a crime involving violence or who may pose a threat to society from possessing weapons that can cause harm to others. By prohibiting such individuals from possessing firearms, ammunition, and other explosive substances, the government aims to prevent acts of violence and protect the public. Furthermore, the section is also significant because it criminalizes the possession and use of prohibited devices, such as silencers, which can be used to conceal the sound of gunfire and make it difficult for law enforcement officials to track down shooters. By making the possession of these devices illegal, the government ensures that only trained law enforcement officials and military personnel who have been authorized to use silencers can do so. However, it's important to note that not everyone who is prohibited from possessing weapons under this section of the Criminal Code is a hardened criminal. The prohibition could be based on various factors, such as mental illness, addiction, or involvement in a domestic dispute. Although such individuals may not be the primary target of this section of the Criminal Code, preventing them from possessing firearms could potentially save their lives as well as those of their loved ones. One issue that has been debated by lawmakers and legal analysts is the effectiveness of this section in preventing gun violence and other acts of violence. Critics of the prohibition argue that it does little to prevent individuals who are determined to cause harm from obtaining weapons illegally, and that it unnecessarily targets law-abiding citizens who may have had a criminal conviction in the distant past. Nevertheless, it's important to note that the government has a duty to protect its citizens, and prohibiting individuals who have already demonstrated a willingness to use violence from possessing firearms and other dangerous weapons is a reasonable step in that direction. As firearms and other dangerous weapons become more accessible and prevalent, it's essential that lawmakers and law enforcement officials remain vigilant in enforcing this section of the Criminal Code and other similar regulations to prevent further tragedies. In conclusion, Section 117.01 (1) of the Criminal Code of Canada plays a critical role in preventing individuals who pose a threat to society from possessing firearms, ammunition, explosives, and other dangerous weapons. While critics may argue that it's not an effective deterrent against violence, the government's duty to protect its citizens from harm makes this section an essential component of Canada's legal framework. It's essential that this section is enforced effectively to prevent further tragedies and protect Canadian society.

STRATEGY

Section 117.01(1) of the Criminal Code of Canada is a provision that prohibits any person from possessing firearms, cross-bows, prohibited and restricted weapons, prohibited devices, ammunition, and explosive substances while they are under an order preventing them from doing so, issued under any Act of Parliament. The scope of this provision is broad, and it is often employed in cases where a person is subject to a court order or a prohibition order that prevents them from possessing weapons or other dangerous materials. As a result, it is crucial to consider the strategic implications of this section of the Criminal Code and the different strategies that may be employed when dealing with it. One of the key strategic considerations when dealing with section 117.01(1) is the nature of the order that a person is under and the extent of its conditions. Different orders may have different conditions, and it is vital to understand these conditions to determine if the person is in compliance or not. For example, some orders may prohibit a person from possessing firearms of any kind, while others may only restrict possession to certain types of firearms. As such, understanding the scope of the order is critical to mount an effective defense. Another strategic consideration is the nature of the evidence presented by the prosecution to prove that a person has violated section 117.01(1). In the absence of compelling evidence, it may be possible to challenge the evidence and argue that it is insufficient to establish guilt beyond a reasonable doubt. In situations where the prosecution has not produced enough evidence to prove the allegation, it may be possible to negotiate a favourable plea bargain or obtain an acquittal. A third strategic consideration is the use of expert testimony to support the defense case. In cases where a person is charged with violating section 117.01(1), they may be able to argue that they were unaware of the prohibition or that it was not their intention to violate the order. Expert testimony may be useful in establishing such defences, especially when it comes to demonstrating the level of knowledge that a person should have had regarding the terms of the order. Other strategic considerations when dealing with section 117.01(1) relate to pre-trial motions, evidence-gathering, and trial tactics. For example, a defense counsel may file a motion to exclude certain pieces of evidence or challenge the legality of a search. They may also engage in plea negotiations or present arguments on sentencing. While the strategies employed may vary depending on the circumstances of each case, it is crucial to carefully evaluate all the available options and choose the most effective one. In conclusion, section 117.01(1) of the Criminal Code of Canada is a provision that carries serious consequences for any person found guilty of violating it. When dealing with such an allegation, it is crucial to consider the strategic implications of the case and adopt the most appropriate and effective strategies based on the specific circumstances. By doing so, a person may be able to mount a successful defense and mitigate the potential adverse consequences of a conviction.