INTRODUCTION AND BRIEF DESCRIPTION
This section allows a justice to order the forfeiture and prohibition of possession of certain weapons and explosives if it is not in the interest of safety.
SECTION WORDING
117.05(4) Where, following the hearing of an application made under subsection (1), the justice finds that it is not desirable in the interests of the safety of the person from whom the thing was seized or of any other person that the person should possess any weapon, prohibited device, ammunition, prohibited ammunition and explosive substance, or any such thing, the justice shall (a) order that any thing seized be forfeited to Her Majesty or be otherwise disposed of; and (b) where the justice is satisfied that the circumstances warrant such an action, order that the possession by that person of any weapon, prohibited device, ammunition, prohibited ammunition and explosive substance, or of any such thing, be prohibited during any period, not exceeding five years, that is specified in the order, beginning on the making of the order.
EXPLANATION
Section 117.05(4) of the Criminal Code of Canada concerns the possession of weapons, prohibited devices, ammunition, prohibited ammunition, and explosive substances. If a person is found to be in possession of any of these items and deemed to be a safety risk to themselves or others, an application can be made under subsection (1) to have these items seized. Following a hearing of the application, if the justice finds that it is not desirable for the person to possess these items, an order shall be made to forfeit the seized items to Her Majesty or dispose of them in another way. Additionally, if deemed necessary, the justice can order that possession of any of the aforementioned items be prohibited for a specified period of up to five years. This section is an important tool for maintaining public safety and preventing harm from dangerous individuals. It allows for the removal of weapons and other potentially deadly items from those who have been deemed a risk to themselves or others. By prohibiting possession of these items, this section can assist in preventing violence or harm. This is particularly relevant in instances such as domestic violence, where the perpetrator may use weapons to harm their victim. By removing access to these items, this can help reduce the risk of ongoing violence and danger. In this way, section 117.05(4) provides a mechanism for the protection of individuals and the greater community.
COMMENTARY
Section 117.05(4) of the Criminal Code of Canada allows for the seizure and forfeiture of weapons, prohibited devices, ammunition, prohibited ammunition and explosive substance, or any such thing, when it is found to be not desirable for the safety of the person from whom it was seized or any other person to possess such items. This section serves as a measure of protection for the general public against potential harm or danger caused by possession of such items. The justice presiding over the hearing of an application made under subsection (1) holds a crucial responsibility of assessing whether the possession of the seized items is in the best interest of public safety. The decision of the justice is not to be taken lightly, and the circumstances surrounding the case must warrant such an action. The order of forfeiture to Her Majesty or other disposition of any seized item serves as a tangible consequence for the possession of such items in the first place. It sends a message to individuals that possession of weapons or explosive substances is not to be taken lightly and cannot be pursued without severe consequences. Moreover, the order prohibiting possession of any weapon, prohibited device, ammunition, prohibited ammunition and explosive substance, or any such thing, during the specified period adds another level of protection. This prohibits a person from obtaining any dangerous items, which may cause harm to the public or themselves. The period of prohibition is limited to five years, which works as a fair duration for the person to reassess their behavior and make any necessary changes. The duration is not too short to be an ineffective deterrent nor is it too long to act as an undue burden on the person. Overall, Section 117.05(4) of the Criminal Code of Canada serves as a form of prevention and deterrence against the possession of dangerous items. It is a vital safeguard that provides tangible consequences to people who may put the public at risk through their possession of weapons, explosive substances, or ammunition.
STRATEGY
One of the key strategic considerations when dealing with Section 117.05(4) of the Criminal Code of Canada is ensuring that all of the relevant information and evidence is presented to the justice hearing the application. This means that the person making the application must provide compelling reasons why the possession of any weapons, prohibited devices, ammunition, explosive substances, or other items by the person in question would be a threat to public safety. It is important to gather as much clear and concise detail as possible on the specific circumstances and actions of the individual that led to the application. This could be done through witness testimony, surveillance footage, or incident reports. Another key strategic consideration is to have a clear understanding of what the justice is looking for in the application. Section 117.05(4) specifically states that the justice must find that it is not desirable in the interests of safety for the person in question to possess any of the listed items. It is important to provide evidence that speaks directly to this requirement. Any irrelevant information or arguments that are not clearly connected to safety concerns may undermine the application. It is also important to approach this situation with a measured and thoughtful attitude. Seeking to have someone's possessions seized or restricted is a serious matter, and it should not be taken lightly. It is essential to ensure that the application is based solely on clear evidence and not personal bias. Any attempt to present misleading or incomplete information can have serious consequences and could compromise the credibility of the case in front of the justice. When preparing an application under Section 117.05(4), one potential strategy could be to enlist the help of an experienced lawyer. They can help to navigate the complicated legal landscape and provide advice on how best to present the case and which arguments are likely to be effective. Legal expertise can also help to ensure that all the necessary documents are properly prepared and filed on time. Another possible strategy is to work in cooperation with local law enforcement or community groups. By gathering evidence and argumentation in cooperation with these groups, there can be a unified message and presentation regarding the dangers involved. Such coordinated action can also help to show a uniform commitment to the safety of the community. Overall, the key to a successful application under Section 117.05(4) is to be well-prepared, thoughtful, and persistent. It requires gathering clear and compelling evidence, working with experienced legal counsel where possible, and ensuring that the ultimate goal of the application is the safety and well-being of the community.