INTRODUCTION AND BRIEF DESCRIPTION

If a peace officer seizes an item and the person lacks the proper documentation to possess it, all of their authorizations, licenses, and registration certificates are revoked.

SECTION WORDING

117.04(4) Where a peace officer who seizes any thing under subsection (1) or (2) is unable at the time of the seizure to seize an authorization or a licence under which the person from whom the thing was seized may possess the thing and, in the case of a seized firearm, a registration certificate for the firearm, every authorization, licence and registration certificate held by the person is, as at the time of the seizure, revoked.

EXPLANATION

Section 117.04(4) of the Criminal Code of Canada is an important provision in the legislation that governs the seizure of items that are suspected to have been acquired or possess illicitly. This provision relates to the situation where a peace officer seizes an item, such as a firearm, from a person but is unable to immediately verify whether that person has a valid license or authorization to possess that item. In such cases, this provision stipulates that if an officer seizes an item from an individual who cannot produce the authorization or license to possess the item, then the individual's license, authorization, and registration certificates for all firearms they own will be considered revoked at that time of seizure. This provision is designed to ensure that individuals who possess firearms, for example, do so legally and within the proper regulatory framework. Essentially, this provision is a mechanism used to enforce the requirement that individuals have the proper licenses, authorizations, and certificates for the items they possess. If a person cannot provide these documents when an officer seizes an item, then all of their licenses and authorizations, including for other firearms, will expire at the time of seizure. Overall, Section 117.04(4) provides an important framework for ensuring the responsible ownership and possession of firearms and other regulated items in Canada. By revoking an individual's licenses and authorizations, this provision serves as a deterrent for individuals who would seek to possess such items without permission or authorization.

COMMENTARY

Section 117.04(4) of the Criminal Code of Canada relates to the revocation of licenses and authorizations following the seizure of a weapon or prohibited item by a peace officer. The provision applies where a peace officer is unable to seize an authorization or a license under which the person from whom the item was seized may possess the thing. In such cases, all authorizations, licences and registration certificates held by the person are considered revoked. This provision is particularly meaningful in cases relating to firearms, as gun licensing in Canada is a complex issue. The government requires those who possess firearms to acquire a Possession and Acquisition License (PAL) from the Royal Canadian Mounted Police (RCMP). A PAL must be renewed every five years, and a variety of factors can cause an application for a PAL to be denied. Notably, individuals with a criminal record or certain mental health issues will be rejected outright. The reason for the revocation of all licenses, authorizations and registration certificates held by a person following the seizure of a firearm is straightforward. It is to ensure that all weapons in the hands of someone who may have violated the law are taken away from them. The revocation of a license, authorization, or registration certificate means that the person who had the prohibited item seized may no longer possess the item, even if they had previously been authorized to do so. The revocation of licenses and authorizations is crucial in cases when the existence of a threat is suspected. When firearms are involved in a situation deemed risky by the authorities, it is of utmost importance that the responsible individuals' licenses and authorizations are called into question. In these cases, the police need to ensure that all firearms and other related items are removed from the person in question until it can be decided whether or not the individual is fit to possess the weapon. Furthermore, the revocation of a license, authorization, or registration certificate for an individual found in possession of a firearm is an essential component of public safety. In many cases, persons who hold firearms licenses, authorizations, and registration certificates have undergone extensive background checks and have demonstrated that they have no criminal history or other issues that would disqualify them from owning a firearm. However, despite this, people with valid PAL's have been charged with criminal offenses related to firearms, indicating that Canada's firearm regulations have some flaws in allowing certain individuals to hold firearms licenses. In conclusion, the revocation of licenses, authorizations, and registration certificates under Section 117.04(4) of the Criminal Code of Canada is an important provision that helps ensure public safety, particularly in situations where potential threats are identified concerning people in possession of firearms. While the revocation of a PAL is often seen as a punishment in cases where someone is charged with a firearm-related offense, it is necessary to take the appropriate measures to prevent further harm or damage that can be inflicted by firearms in the wrong hands. Overall, Section 117.04(4) adds to Canada's regulations and laws related to firearms and is an important measure for ensuring public safety and security.

STRATEGY

Section 117.04(4) of the Criminal Code of Canada is a powerful tool for law enforcement personnel to seize property and revoke licenses and registrations in cases where an individual is suspected of terrorism or related activities. This section has significant implications for individuals' rights and liberties, and therefore, it is important that law enforcement officials carefully consider how to use this tool within the confines of the law. There are several strategic considerations that law enforcement personnel should keep in mind when dealing with this section of the Criminal Code. These include: 1. Evidence Collection: It is crucial that law enforcement officials gather sufficient evidence to establish reasonable grounds before invoking Section 117.04(4). This section can result in revocation of licenses and registration certificates of firearms or other things, which can have a severe social and economic impact on the individual concerned. Therefore, it is important to gather concrete evidence before execution. 2. Follow the Procedures: Law enforcement officials must follow the proper procedures laid down in the Criminal Code while executing the Section. The seizure should be carried out in compliance with the established protocols and documentation. Failing to follow the procedures may result in legal challenges or loss of evidence. 3. Communicate Appropriately: Communication with the person whose licenses and registrations are revoked should be handled with care. Communication should be clear, transparent, and professional. The person should be given a clear indication of the reasons why their licenses and registrations are revoked. This is important to ensure that the person understands the situation and to prevent misunderstandings or legal impacts. 4. Act Swiftly: In cases of suspected terrorist activities, law enforcement officials must act swiftly, gather sufficient evidence quickly, and execute the Section promptly. Delay may result in loss of evidence and a weak case in court. Therefore, it is vital to act decisively and gather all the necessary documentation as soon as possible. 5. Plan for the Consequences: The revocation of licenses and registrations may result in legal challenges or backlash from those impacted. As such, law enforcement officials must be prepared for the consequences and should plan accordingly. The potential for a legal challenge by lawyers representing the individuals and groups confiscated should be careful not to ignore this potential. In conclusion, Section 117.04(4) of the Criminal Code of Canada is a powerful tool for law enforcement officials that should be handled with care and caution. Law enforcement personnel must exercise the proper procedures set out and gather sufficient evidence before executing it. The revocation of licenses and registration certificates is a serious matter and the person whose rights are to be infringed should be communicated professionally. Law enforcement officers must act swiftly, plan for the consequences, and work within the confines of the law to ensure that justice is served.