INTRODUCTION AND BRIEF DESCRIPTION
This section exempts certain individuals from sections 117.07 to 117.09 if they disobey a prohibition order.
SECTION WORDING
117.1 Sections 117.07 to 117.09 do not apply if the public officer or the individual is subject to a prohibition order and acts contrary to that order or to an authorization or a licence issued under the authority of an order made under subsection 113(1).
EXPLANATION
Section 117.1 of the Criminal Code of Canada is an exemption clause that states that sections 117.07 to 117.09 of the Code do not apply if a public officer or an individual is subjected to a prohibition order and acts in contravention of that order or any authorization or license issued under the authority of an order made under subsection 113(1). Sections 117.07 to 117.09 deal with offences related to the use of electronic surveillance devices. These sections require certain conditions to be met before a public officer can use these devices to gather information for law enforcement purposes. For example, an officer must obtain a warrant or an order from a judge before installing or using such devices. Section 113 of the Code deals with the regulation of the use of electronic surveillance devices. It provides that certain orders may be made to authorize the use of such devices, subject to certain conditions and safeguards. These orders may include prohibitions on the use of such devices or the disclosure of any information collected through their use. Section 117.1 carves out an exception to the requirements under sections 117.07 to 117.09 in cases where an individual or a public officer has been subject to a prohibition order. A prohibition order is an order that prohibits the use of electronic surveillance devices or the disclosure of any information collected through their use. If an individual or a public officer acts contrary to this order, they may be prosecuted under the Criminal Code. In summary, section 117.1 provides an exemption to sections 117.07 to 117.09 in cases where an individual or a public officer is subject to a prohibition order. This exemption recognizes that, in certain circumstances, the use of electronic surveillance devices may be necessary to investigate and prevent criminal activity, even if such use is prohibited under normal circumstances. However, this exemption is limited to cases where a prohibition order has been breached, and individuals and public officers are still subject to the requirements and safeguards set out in section 113 of the Code.
COMMENTARY
Section 117.1 of the Criminal Code of Canada is an amendment added in 2019 to provide an exemption from certain provisions related to terrorism offenses. This section stipulates that if a public officer or an individual is subject to a prohibition order and acts contrary to that restriction or to an authorization or license issued under the authority of an order made under subsection 113(1), sections 117.07 to 117.09 of the Criminal Code do not apply. Sections 117.07 to 117.09 deal with the commission or attempt of terrorism offenses, including providing assistance, facilitating, or participating in terrorist activities. The section 117.1 exemption applies only to those who are bound by a prohibition order or an authorization/license and act contrary to those terms. For others, these provisions remain applicable, and the punishment for contravening these provisions can reach life imprisonment. The reason for this exemption is to ensure that the law is applied in a way that balances national security concerns with human rights considerations. It recognizes that sometimes, individuals may find themselves restrained from specific activities while fulfilling their duties as public officers, or citizens may have a restriction imposed on them for public safety measures. In such cases, if they breach these conditions, the exemption provides a more lenient punishment. The use of prohibition orders is an essential tool within the Canadian justice system to prevent individuals from posing a threat to public safety. They are used in cases where a person's behavior is deemed dangerous, either to themselves or others, and there is a risk that they may commit a terrorism offense. Through the issuance of prohibition orders, the authorities can monitor or restrict the movements and activities of individuals, including imposing curfews, travel restrictions, and prohibiting communication. The authorization or licensing requirement under subsection 113(1) refers to the permission that allows a person to participate in activities that are otherwise restricted to them. An authorization may be granted to persons participating in law enforcement activities, national security operations, or military activities. Similarly, a license may be granted to individuals who need access to controlled items, such as firearms or explosives, in the course of their work within law enforcement organizations. There are, however, concerns that the exemption in section 117.1 may have unintended consequences. Critics argue that this provision may weaken the effectiveness of the provisions related to terrorism offenses by watering down the punishments for those who breach their prohibition orders. The justification for the exemption may be that the individuals concerned may not have had any terrorist intentions, and their actions may have been the result of an innocent oversight or mistake. While it is essential to protect the rights of individuals, it is equally crucial to ensure that public safety and national security are not compromised. Therefore, the authorities must exercise due diligence in issuing prohibition orders and authorizations. They must also consider the severity of the prohibited activities and the potential risks posed by individuals breaching these orders before issuing licenses and authorizations. In conclusion, section 117.1 of the Criminal Code of Canada is a measure that seeks to balance the interests of public safety, national security, and individual rights. The exemption recognizes the potential for violations to occur when individuals are bound by prohibition orders and authorizations while carrying out their official duties. However, it is equally crucial to ensure that these exemptions do not undermine the effectiveness of the provisions related to terrorism offenses. The balanced application of these provisions is essential to maintain a secure and just society.
STRATEGY
Section 117.1 of the Criminal Code of Canada creates an exception to sections 117.07 to 117.09, which deal with the trafficking of firearms, for public officers and individuals who are subject to a prohibition order. This means that public officers and individuals who are prohibited from possessing firearms are exempt from these sections if they act contrary to the prohibition order or an authorization or license issued under the order. One of the key strategic considerations when dealing with this section of the Criminal Code is assessing the potential risk of firearms trafficking by public officers and individuals who are subject to a prohibition order. This risk can vary depending on the individual's job duties and access to firearms. For example, a police officer who is prohibited from possessing firearms may still have access to them through their duties, while an individual who is prohibited from possessing firearms may have less opportunity to traffic them. Another strategic consideration is the potential consequences of a conviction under this section. Although public officers and individuals who are subject to a prohibition order are exempt from sections 117.07 to 117.09, they could still face charges under other provisions of the Criminal Code, such as possession of a prohibited weapon or possession of a firearm contrary to an order. The penalties for these offences can include significant fines and/or lengthy terms of imprisonment. To mitigate these risks, a number of strategies could be employed. For example, public agencies could implement strict policies and procedures regarding firearms possession and use by their officers. These policies could include regular inventory checks, mandatory training on safe and responsible firearms use, and strict consequences for any violations of policies or laws. Individuals who are subject to a prohibition order could also take steps to ensure that they are not at risk of inadvertently violating the order. This could include seeking legal advice to clarify the scope of the prohibition, keeping detailed records of any firearms they possess or use, and seeking clear authorization or licenses where appropriate. Overall, when dealing with Section 117.1 of the Criminal Code of Canada, it is important to understand the potential risks and consequences of firearms trafficking by public officers and individuals who are subject to a prohibition order, and to implement appropriate strategies to mitigate those risks. By doing so, agencies and individuals can help ensure that firearms are used safely and responsibly, in accordance with the law.