section 117.011(5)

INTRODUCTION AND BRIEF DESCRIPTION

A provincial court judge can make an order imposing terms and conditions on a persons use and possession of anything if the circumstances require it.

SECTION WORDING

117.011(5) Where, at the conclusion of a hearing of an application made under subsection (1), the provincial court judge is satisfied that the circumstances referred to in that subsection exist, the provincial court judge shall make an order in respect of the person against whom the order was sought imposing such terms and conditions on the persons use and possession of anything referred to in subsection (1) as the provincial court judge considers appropriate.

EXPLANATION

Section 117.011(5) of the Criminal Code of Canada deals with the imposition of a prohibition order on a person who has been convicted of certain offences. This section applies to cases where a person has been convicted of a designated offence, which includes serious criminal offences like drug trafficking, firearm offences, and certain violent offences. Under this section, a provincial court judge may make an order prohibiting the convicted person from possessing certain things, such as firearms, ammunition, or any other property that may be used to commit a crime. The judge may also impose certain conditions on the person's use and possession of such things, in order to ensure the safety of the public. The purpose of this section is to prevent convicted criminals from having access to weapons or other items that may be used to commit further crimes. By imposing use and possession restrictions, the judge is able to reduce the risk of future harm to the community. This section also serves as a deterrent to potential offenders, since they know that if they are convicted of certain crimes, they may be subject to a prohibition order. In summary, Section 117.011(5) of the Criminal Code of Canada provides a mechanism for the courts to prevent convicted criminals from having access to certain items that may be used to cause harm to others. By imposing use and possession restrictions, the courts are able to reduce the risk of future harm and protect the safety of the public.

COMMENTARY

Section 117.011(5) of the Criminal Code of Canada is an essential provision that is aimed at protecting the society from harm that may result from the misuse of firearms, ammunition, explosives, and other hazardous materials. The provision empowers the provincial court judge to make an order imposing terms and conditions that will regulate the use and possession of such items to ensure that they are not used unlawfully. This provision is useful because it gives the court authority to ensure that individuals who own or are in possession of firearms, ammunition or explosives do so in a responsible manner. In some cases, individuals may have a legitimate reason for owning these items, such as for hunting, target shooting, or self-protection. However, there are instances where individuals may pose a risk to the society if they are allowed to use or possess such items without proper regulation. For example, individuals who have a history of violence, mental health issues, or criminal records may pose a serious threat to the community if they are permitted to own or use firearms, ammunition, or explosives. By enabling the court to impose conditions on the use and possession of these items, the provision provides an extra layer of protection for the society. The conditions may include requirements for secure storage of firearms and ammunition, restrictions on the transportation of these items, and prohibitions on the use of firearms and explosives in certain circumstances. The court may also require individuals to undergo regular check-ups to ensure that they still meet the conditions, and it may revoke the order if it finds that the person is no longer suitable to own or use such items. The provision is also useful because it gives the court flexibility in its decision-making. The provincial court judge has the discretion to assess the individual circumstances of each case and determine what conditions are necessary to ensure that the person can possess or use firearms, ammunition, or explosives safely. For example, a judge may decide to impose different conditions for individuals with a criminal record compared to those without a record. This flexibility ensures that justice is applied fairly and equitably. However, there are potential limitations to this provision. One of the challenges is the difficulty in monitoring and enforcement. Although the conditions may be imposed, it may be challenging to ensure that individuals comply with them. In some cases, individuals may remove themselves from the court's radar, making it challenging to monitor their use of firearms or explosives. Additionally, individuals may choose to ignore the imposed conditions, putting themselves and the society at risk. In conclusion, Section 117.011(5) of the Criminal Code of Canada provides an essential measure to regulate the use and possession of firearms, ammunition, and explosives in Canada. The provision empowers the provincial court judge to impose conditions that are necessary to protect the society from harm. However, there are also potential limitations to the provision that require continued monitoring and evaluation to ensure that it remains effective and efficient.

STRATEGY

Section 117.011(5) of the Criminal Code of Canada deals with the imposition of an order prohibiting a person from possessing firearms, ammunition, explosive substances, or other dangerous weapons. This provision is primarily aimed at preventing violence and maintaining public safety. However, given the serious consequences of such an order, it is important for individuals and legal practitioners to be aware of the strategic considerations when dealing with this section of the Criminal Code of Canada. One of the key considerations is the standard of proof required to obtain the order. Section 117.01(1) states that the applicant for the order must establish on a balance of probabilities that the person against whom the order is sought poses a significant risk of harm to themselves or others. This standard of proof is lower than the criminal standard of beyond a reasonable doubt. However, it still requires sufficient evidence to satisfy the court that the person poses a risk of harm. Another important consideration is the impact of the order on the person's rights and freedoms. A prohibition order can have significant consequences, including affecting the person's ability to work, hunt, and shoot for sport. Therefore, it is important to carefully consider whether the order is necessary and proportionate, given the harm posed by the person. In light of these considerations, some strategies that could be employed when dealing with this section of the Criminal Code of Canada include: 1. Preparing a strong case: To obtain an order under section 117.011(5), the applicant must provide evidence to show that the person poses a risk of harm. This may involve gathering witness statements, police reports, and other evidence, as well as retaining expert witnesses. 2. Challenging the evidence: If there are weaknesses in the evidence relied on by the applicant, it may be possible to challenge its admissibility or reliability. This may involve cross-examining witnesses and presenting alternative evidence. 3. Negotiating the terms of the order: If the court is inclined to make an order, it may be possible to negotiate the terms of the order to minimize its impact on the person. For example, it may be possible to include exemptions for work-related purposes or to limit the duration of the order. 4. Appealing the decision: If an order is made, it may be possible to appeal the decision to a higher court. This may involve challenging the court's findings of fact or errors in the application of the law. In conclusion, section 117.011(5) of the Criminal Code of Canada is a powerful tool for preventing violence and maintaining public safety. However, it is important to carefully consider the strategic considerations and potential consequences before seeking or opposing an order under this provision. By preparing a strong case, challenging the evidence, negotiating the terms of the order, or appealing the decision, individuals and legal practitioners can effectively navigate this section of the Criminal Code of Canada.