INTRODUCTION AND BRIEF DESCRIPTION
Employees of carriers defined under the Firearms Act cannot be charged for possessing or transferring firearms or related items in the course of their employment, subject to section 117.1.
SECTION WORDING
117.09(3) Notwithstanding any other provision of this Act, but subject to section 117.1, no individual who is employed by a carrier, as defined in subsection 2(1) of the Firearms Act, is guilty of an offence under this Act or that Act by reason only that the individual, in the course of the individual’s duties or employment, possesses any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition or prohibited ammunition or transfers, or offers to transfer any such thing.
EXPLANATION
Section 117.09(3) of the Criminal Code of Canada provides an exemption for individuals employed by a carrier, as defined in subsection 2(1) of the Firearms Act. Specifically, this exemption states that such individuals will not be guilty of any offences under the Criminal Code or Firearms Act simply because they possess or transfer firearms, cross-bows, prohibited weapons, restricted weapons, prohibited devices, ammunition, or prohibited ammunition as part of their duties or employment. The purpose of this exemption is to ensure that individuals who work for carriers, such as transport companies, are able to transport firearms, weapons, and ammunition without fear of being prosecuted for possession or transfer offences. This is important because transport companies play a vital role in allowing Canadians to exercise their legal rights to own and use firearms for hunting, sport shooting, and personal protection. It is important to note, however, that this exemption is subject to section 117.1 of the Criminal Code, which prohibits the transfer of firearms, weapons, and ammunition to individuals who are not authorized to possess them. As such, individual carriers must still abide by all relevant laws and regulations governing the possession and transport of firearms and other weapons. Overall, section 117.09(3) represents an important clarification of the law, ensuring that individuals employed by carriers are not unfairly prosecuted for simply doing their job and helping Canadians exercise their legal rights to own and use firearms.
COMMENTARY
Section 117.09(3) of the Canadian Criminal Code provides an exemption from certain offences for individuals employed by carriers, as defined in subsection 2(1) of the Firearms Act. Specifically, these individuals are not guilty of an offence under the Criminal Code or the Firearms Act for possessing or transferring firearms, cross-bows, prohibited weapons, restricted weapons, prohibited devices, ammunition, or prohibited ammunition during the course of their employment. This exemption is not absolute, however. It is subject to section 117.1 of the Criminal Code, which states that individuals who possess firearms must have a valid licence and registration certificate. Carriers and their employees must comply with these requirements or risk prosecution under the Criminal Code. The purpose of this exemption is to ensure that individuals who are employed by carriers are not unnecessarily criminalized for carrying out their duties. Carriers play an important role in the transportation of firearms, ammunition, and other weapons, and their employees often need to handle these items as part of their job. Without this exemption, carriers and their employees would be at risk of prosecution for possession and transfer offences, even if they were acting within their legal duties. This could create unnecessary legal barriers for the transportation of weapons and other items, which could impede the ability of businesses and individuals to access firearms for lawful purposes. This exemption also recognizes the unique risks and challenges associated with transporting firearms and other weapons. Carriers and their employees may be at greater risk of theft, loss, or other incidents while transporting these items, which could expose them to criminal liability if they were not exempted from certain offences. However, it is important to note that this exemption does not apply to all individuals who possess weapons. Other provisions of the Criminal Code and the Firearms Act still apply to these individuals, and they must comply with these requirements or risk prosecution. Overall, section 117.09(3) of the Criminal Code strikes a balance between ensuring public safety and allowing carriers and their employees to carry out their legal duties. It recognizes the importance of the transportation of firearms and other weapons for lawful purposes, while also maintaining important legal protections.
STRATEGY
Section 117.09(3) of the Criminal Code of Canada provides a powerful tool for individuals employed by a carrier, as defined under the Firearms Act, to possess firearms, cross-bows, prohibited weapons, restricted weapons, prohibited devices, ammunition, or prohibited ammunition in the course of their employment without being guilty of an offense under the Act or the Firearms Act. It provides a significant strategic advantage to carriers and their employees, but it also comes with certain limitations and considerations that should be taken into account. In this essay, we will discuss some of the strategic considerations that employers and employees need to consider when dealing with Section 117.09(3) of the Criminal Code of Canada and some strategies that could be employed. One of the foremost strategic considerations that employers and employees need to keep in mind while dealing with Section 117.09(3) of the Criminal Code of Canada is the definition of carrier under the Firearms Act. Individuals employed by carriers benefit from this section of the Criminal Code of Canada, not private firearm owners or other members of society. A carrier is defined as a person who is engaged in the business of transferring firearms or other prohibited weapons or devices. Therefore, it is essential to understand the definition of carrier and ensure that the individual and the employer meet the criteria to fall under this category. Another strategic consideration is the scope of authority that the employee has in the course of their duty. The provision applies only to those items that they are authorized to possess and transfer while in the course of their duties. Employees should be informed of the scope of their authority and should be fully trained in the handling, storage, and transfer of firearms, ammunition, and other prohibited items. Employers must also ensure that proper security measures are in place, such as secured storage facilities, background checks, and access control, to prevent the misuse or unauthorized transfer of firearms and other prohibited items. Furthermore, it is paramount to ensure compliance with all relevant legislation, regulations, and policies. Employers and employees must stay up-to-date with all changes to pertinent legislation, including the Criminal Code of Canada and the Firearms Act, to ensure that they remain compliant. Employers must also have policies and procedures in place to ensure that any transfer of firearms or prohibited items meets the requirements of the legislation and the policy frameworks. In terms of strategy, carriers and their employees may want to consider working with legal experts to ensure that compliance is met and avoid any breach or penalty. Health and safety experts can also be a valuable resource in the development of health and safety policies and training programs to ensure the safety of employees when handling firearms, ammunition, and other prohibited items. Another strategy to consider is partnering with regulators and law enforcement agencies to ensure that procedures your company has in place aligns with the legal requirements. Regular engagement with regulators and law enforcement agencies allows for constructive feedback, which can help refine the processes and improve compliance. Developing such an environment of cooperation and trust can be beneficial in the long run, leading policymakers to be more flexible and willing to consider carrier arguments in policy positions that affect their industry. To conclude, Section 117.09(3) of the Criminal Code of Canada provides essential benefits for individuals employed by a carrier. However, it also comes with strategic considerations that employers and employees should consider. Employers need to be aware of the definition of carrier, scope of authority of employees, and compliance with relevant legislation and regulations. Employers should work with regulators and law enforcement to create a cooperative and trusting environment to improve compliance and the effect of policy positions in their favor. Finally, it is essential also to have policies designed to protect employees' health and safety and acquiring legal experts to ensure compliance and avoid penalties in the long run.