section 117.08

INTRODUCTION AND BRIEF DESCRIPTION

Individuals are not guilty of certain firearms-related offenses under the Criminal Code of Canada if they possess, manufacture, transfer, export, import, alter, or fail to report firearms or related items under certain prescribed conditions.

SECTION WORDING

117.08 Notwithstanding any other provision of this Act, but subject to section 117.1, no individual is guilty of an offence under this Act or the Firearms Act by reason only that the individual (a) possesses a firearm, a prohibited weapon, a restricted weapon, a prohibited device, any prohibited ammunition or an explosive substance, (b) manufactures or transfers, or offers to manufacture or transfer, a firearm, a prohibited weapon, a restricted weapon, a prohibited device, any ammunition or any prohibited ammunition, (c) exports or imports a firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition, (d) exports or imports a component or part designed exclusively for use in the manufacture of or assembly into an automatic firearm, (e) alters a firearm so that it is capable of, or manufactures or assembles any firearm with intent to produce a firearm that is capable of, discharging projectiles in rapid succession during one pressure of the trigger, (f) fails to report the loss, theft or finding of any firearm, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance or the destruction of any such thing, or (g) alters a serial number on a firearm, if the individual does so on behalf of, and under the authority of, a police force, the Canadian Forces, a visiting force, within the meaning of section 2 of the Visiting Forces Act, or a department of the Government of Canada or of a province. 1995, c. 39, s. 139.

EXPLANATION

Section 117.08 of the Criminal Code of Canada provides exceptions to the offences related to firearms, prohibited weapons, and other dangerous substances. It states that an individual cannot be guilty of an offence under this Act or the Firearms Act only for possessing a firearm, prohibited weapon, restricted weapon, prohibited device, any prohibited ammunition, or an explosive substance. Moreover, an individual cannot be charged for manufacturing or transferring, or offering to manufacture or transfer these items. This section also permits the import or export of these materials without any legal consequence. Additionally, this section allows for the alteration of firearms on behalf of and under the authority of police forces, the Canadian Forces, visiting forces within the meaning of section 2 of the Visiting Forces Act, or a department of the Government of Canada or of a province. The section also permits these authorities to import or export components or parts designed exclusively for the manufacture of or assembly into an automatic firearm. However, this section is subject to section 117.1, which requires individuals to obtain appropriate licenses before possessing or acquiring firearms or ammunition. Moreover, this section does not excuse individuals from failing to report the loss, theft, finding, or destruction of any firearm, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition, or explosive substance. In essence, Section 117.08 provides a range of exceptions to possession and manufacturing offences in specific circumstances, but it does not remove the obligation on individuals and authorities to comply with other provisions of the Criminal Code and other related Acts.

COMMENTARY

Section 117.08 of the Criminal Code of Canada provides a notable exception to the general prohibition on possessing firearms, prohibited weapons, restricted weapons, prohibited devices, ammunition, and explosive substances. This provision states that no individual is guilty of an offence under the Criminal Code or the Firearms Act by reason only of possessing, manufacturing, transferring, or exporting/importing these items, subject to certain limitations. One of the key limitations is found in section 117.1 of the Criminal Code, which sets out criteria for obtaining a licence to possess and acquire firearms, as well as some types of prohibited weapons and devices. These criteria include completing a safety course, passing a background check, and demonstrating a legitimate reason for possessing the items. Therefore, the exception in section 117.08 only applies to individuals who are authorized to possess and acquire firearms and related items under the licensing regime. Another limitation is found in subparagraph (e) of section 117.08, which prohibits individuals from altering firearms to make them capable of discharging projectiles in rapid succession during one pressure of the trigger, or manufacturing or assembling such firearms with that intent. This prohibition is aimed at weapons commonly known as "fully automatic" or "machine guns," which are tightly regulated and restricted in many countries, including Canada. Subparagraph (g) of section 117.08 is also noteworthy, as it allows for the alteration of a serial number on a firearm if it is done on behalf of and under the authority of certain specified entities, including the police, Canadian Forces, visiting forces, or a government department. This provision is aimed at facilitating law enforcement efforts to track and trace firearms used in crimes or illegally trafficked. Overall, section 117.08 represents a careful balancing of public safety concerns with individual rights to possess firearms and related items. By requiring a licence for most such possessions and activities, and by specifically prohibiting certain types of alterations and manufacturing, the provision seeks to prevent unauthorized individuals from obtaining dangerous weapons while allowing for legitimate uses such as hunting, sport shooting, and law enforcement. The provision also recognizes the importance of cooperation between law enforcement agencies and individuals in reporting and tracking firearms to prevent their misuse or diversion to criminal activities.

STRATEGY

Section 117.08 of the Criminal Code of Canada provides provisions that limit the criminal culpability of individuals in certain situations relating to weapon possession, manufacture, transfer, and alteration. However, strategic considerations must be taken into account when dealing with this section of the Criminal Code. Some of these strategic considerations are: 1. Understanding the Limitations: While Section 117.08 provides some protections to individuals, it is important to understand that it does not offer full immunity for all criminal activities involving firearms. As such, it is essential to understand the limitations of the section to avoid any potential legal issues. 2. Accurate Recordkeeping: For individuals who manufacture, transfer, or alter firearms, it is essential to keep accurate and detailed records of all transactions. This makes it easier to comply with the reporting requirements under Subsection 117.08(f) and avoid any potential legal issues. 3. Legal Representation: Given the complexity of firearm laws in Canada, it is advisable to seek legal representation when dealing with Section 117.08. This ensures that the individual understands their rights and obligations when dealing with firearms, and can avoid any potential legal issues. 4. Prevention of Unauthorized Access: Individuals who possess firearms must take steps to ensure that their firearms are stored and secured in a manner that prevents unauthorized access. This helps to mitigate the risk of theft, which in turn reduces the likelihood of breaching the requirements of Subsection 117.08(f). 5. Understanding the Role of Law Enforcement: Individuals who are authorized to alter serial numbers on firearms under Subsection 117.08(g) must understand the role of law enforcement in this process. They must also ensure that they follow the necessary procedures to ensure that the alteration is lawful and compliant with the Criminal Code. Some strategies that could be employed when dealing with Section 117.08 include: 1. Compliance Measures: Individuals should take measures to comply with the requirements of Section 117.08, such as accurate recordkeeping, proper storage of firearms, and timely reporting of any losses or thefts. 2. Education and Training: Individuals should seek education and training on firearm laws and regulations in Canada. This helps to ensure that they understand their obligations and can avoid any potential legal issues. 3. Legal Advice: Individuals should seek legal advice when dealing with Section 117.08, particularly if they are unsure of their rights and obligations under this section. 4. Proactive Measures: Individuals can take proactive measures to prevent any potential breaches of the Criminal Code by securing their firearms properly and complying with reporting and recordkeeping requirements. In conclusion, Section 117.08 of the Criminal Code of Canada provides provisions that limit the criminal culpability of individuals in certain situations involving firearms. Strategic considerations that must be taken into account include understanding the limitations of the section, accurate recordkeeping, seeking legal representation, and taking proactive measures to ensure compliance with the section. These strategies can help individuals avoid any potential legal issues when dealing with firearms.