INTRODUCTION AND BRIEF DESCRIPTION
117.11 Where, in any proceedings for an offence under any of sections 89, 90, 91, 93, 97, 101, 104 and 105, any question arises as to whether a person is the holder of an authorization, a licence or a registration certificate, the onus is on the accused to prove that the person is the holder of the authorization, licence or registration certificate.
Section 117.11 of the Criminal Code of Canada places the onus on the accused in certain criminal proceedings to prove that they hold an authorization, licence, or registration certificate. This section applies to offenses under specific sections of the Criminal Code, including sections related to possession of prohibited or restricted firearms, trafficking in firearms, and illegal activities related to explosives. The purpose of this provision is to ensure that individuals who possess firearms, explosives, and other regulated items do so legally and with the proper documentation. It places the burden of proving ownership of the necessary documents on the accused, requiring them to present evidence that they hold the proper authorization, licence, or registration certificate. By placing the onus on the accused, the section serves as a deterrent to individuals who may attempt to possess or traffic in regulated items without the necessary documentation. It also helps to ensure that individuals who are charged with these offenses are held accountable for their actions and cannot simply claim ignorance of the law or lack of documentation. Overall, Section 117.11 of the Criminal Code of Canada is an important provision that helps to safeguard public safety by requiring individuals to provide proof of their legal possession of regulated items.
Section 117.11 of the Criminal Code of Canada addresses the burden of proof in cases involving certain criminal offenses related to firearms and explosives. This provision creates a legal presumption that the accused must overcome by showing that a person in possession of such items has the necessary authorization, license, or registration certificate to do so lawfully. The purpose of this provision is to ensure that the possession of weapons and explosives is tightly regulated and monitored in Canada, and that those who violate these laws are held accountable for their actions. The section specifically applies to offenses under sections 89, 90, 91, 93, 97, 101, 104, and 105 of the Criminal Code. These provisions cover a range of offenses related to weapons and explosives, including possession of prohibited or restricted firearms, trafficking in firearms, unauthorized possession of explosives, and other related offenses. In all such cases, the accused is presumed to have committed an offense unless they can prove that the person in possession of weapons or explosives has the appropriate authorization, license, or registration certificate. This provision is significant because it reflects a broader trend in Canadian law towards treating the possession of weapons and explosives as a serious and potentially dangerous activity that requires strict regulation and oversight. In particular, the section places a heavy burden on the accused to prove that they are not guilty of the offense in question. This burden is significant because it makes it difficult for defendants to avoid liability even if they have a plausible explanation for why they or someone they know possessed firearms or explosives without the required authorization. The provision raises a number of important legal and practical issues that are relevant to the administration of justice in Canada. First and foremost, it highlights the importance of ensuring that weapons and explosives are regulated and monitored appropriately in order to protect public safety and prevent crime. This is particularly important in the current political climate, where concerns over gun violence and terrorism are at an all-time high. Secondly, the section of the Criminal Code places an added burden on the accused in cases where they are charged with these offenses, which can sometimes create difficulties in the criminal justice system. This can be particularly challenging for defendants who may be unfamiliar with the legal system, or who lack the resources or expertise to mount an effective defense in court. Overall, section 117.11 is a significant provision within the Criminal Code of Canada that addresses an important issue related to weapons and explosives. While it places a heavy burden on the accused, it reflects a broader trend in Canadian law towards strict regulation of potentially dangerous activities and the protection of public safety. As such, it is an important provision that serves to safeguard the well-being of Canadians and prevent crime.
Section 117.11 of the Criminal Code of Canada places the onus on the accused to prove that the person in question is the holder of a license or authorization in proceedings for certain offenses. This creates unique challenges for the defence team as it puts them in a position where they must gather and present evidence to prove something that is typically the responsibility of the prosecution. One key strategic consideration when dealing with this section of the Criminal Code is to recognize the importance of gathering evidence early on in the proceedings. This means that the defence team must take an active approach in seeking out information such as licenses, authorizations and registration certificates that are relevant to the case. This can be done through various means such as FOIA requests, letters to government agencies or direct interviews with witnesses. Another strategy that could be employed is to challenge the authenticity of the documents presented by the prosecution. This can involve investigating the issuing agency and its procedures to ensure that the documents presented are valid and accurate. Additionally, the defence team may seek out expert testimony to challenge the validity of the document in question. Another strategic consideration is to gather information about the agency responsible for issuing the license or authorization. This can include information on the agency's standards for issuing these documents, the training of its employees, and past issues with the agency's documentation and procedures. It is important to note that this strategy, while potentially effective, also runs the risk of alienating the issuing agency, which could lead to hostility and increased difficulty in obtaining documentation in the future. Finally, it may be useful to explore the possibility of making a plea bargain that reduces or eliminates the charges that rely on proof of licenses or authorizations. This can be done by offering evidence of alternative mitigating factors or by negotiating with the prosecution to reduce the charges in exchange for a guilty plea. In summary, dealing with Section 117.11 of the Criminal Code of Canada requires a strategic and proactive approach. Defense teams must take an active role in gathering evidence, challenging the authenticity of the documents, gathering information about the issuing agency and exploring the possibility of plea bargains. By doing so, they can create a more comprehensive defense that effectively challenges the prosecution's case.