section 117.14(1)

INTRODUCTION AND BRIEF DESCRIPTION

The Governor in Council can declare an amnesty period for certain prohibited items.

SECTION WORDING

117.14 (1) The Governor in Council may, by order, declare for any purpose referred to in subsection (2) any period as an amnesty period with respect to any weapon, prohibited device, prohibited ammunition, explosive substance or component or part designed exclusively for use in the manufacture of or assembly into an automatic firearm.

EXPLANATION

Section 117.14(1) of the Criminal Code of Canada provides the Governor in Council the authority to declare an amnesty period concerning weapons that are prohibited under the Criminal Code. The declared period allows for individuals in possession of prohibited firearms, ammunition, explosives, or components solely used in automatic firearm assembly, to surrender them to law enforcement without facing any criminal charges. The purpose of this section is to facilitate compliance with the criminal law by allowing individuals to dispose of illegal weapons safely. The provision is intended to help reduce the number of illegal firearms in circulation, which can lead to fewer incidents of violence, including homicide and suicide. Moreover, this section is useful in reducing the illegal trade of weapons, which may result in fewer conflicts in the society. The declaration of an amnesty period can serve as a cautionary measure to gun owners and may offer an opportunity to surrender unwanted firearms voluntarily. By providing amnesty periods, the law can encourage compliance with the prohibition on firearms, especially among those who possess them unintentionally. In summary, section 117.14(1) of the Criminal Code of Canada enables the Governor in Council to declare an amnesty period to allow individuals possessing prohibited firearms, ammunition, explosives, or components solely used in automatic firearm assembly, to surrender them to law enforcement without criminal prosecution. The provision aims to reduce the number of illegal firearms circulating in society, which can lead to fewer incidents of gun violence.

COMMENTARY

Section 117.14(1) of the Criminal Code of Canada is an interesting provision that grants the Governor in Council the power to declare an amnesty period with respect to any weapon, prohibited device, prohibited ammunition, explosive substance, or component or part designed exclusively for use in the manufacture of or assembly into an automatic firearm. This provision has been used multiple times in the past to allow for the surrender of firearms, ammunition, and other dangerous items that have been deemed to pose a risk to public safety. In essence, an amnesty period allows individuals or groups to surrender prohibited items without fear of prosecution or punishment. Typically, this is done as a way to encourage people to turn in firearms or other dangerous items that they may possess illegally, either because they were obtained without the proper permits or licensing, or because they were acquired through illegal means such as theft or trafficking. By offering amnesty, the government hopes to reduce the number of dangerous items in circulation and reduce the risk of accidents, crimes, or other incidents that could lead to harm. One of the key benefits of an amnesty period is that it can help to build trust and cooperation between law enforcement agencies and the community. By offering a safe and confidential way for people to surrender prohibited items, individuals who may have been hesitant to come forward before can now do so without fear of repercussions. This can help to reduce tensions and improve relations between police and the public, as well as help to identify potential risks or threats before they escalate. Another key benefit of an amnesty period is that it can help to reduce the overall demand for prohibited items, particularly those that are difficult or expensive to obtain through legal means. This can help to reduce the profitability of illegal arms trade and trafficking, which is a major source of revenue for organized crime and terrorist groups. By reducing demand, governments can make it more difficult and less profitable for criminals to obtain and distribute prohibited items, which can ultimately improve public safety. Despite these benefits, there are some potential drawbacks to an amnesty period as well. One concern is that it may not be effective at reaching the people most likely to possess prohibited items, particularly those who are actively involved in criminal activity or who have a history of violence or instability. Another concern is that it may be used as a way to avoid addressing the root causes of gun violence or other problems, such as poverty, mental health, or systemic oppression. Additionally, some individuals or groups may be hesitant to surrender their weapons or other items, even if they are offered amnesty, due to fear of retaliation or criminal charges. In conclusion, Section 117.14(1) of the Criminal Code of Canada is an important provision that allows for the declaration of an amnesty period with respect to prohibited weapons, devices, ammunition, or other dangerous items. While there are both benefits and drawbacks to this approach, it can be an effective tool for reducing the number of prohibited items in circulation and improving public safety. Ultimately, the success of an amnesty period will depend on a range of factors, including public trust, law enforcement cooperation, and effective communication and outreach efforts.

STRATEGY

Section 117.14(1) of the Criminal Code of Canada allows the Governor in Council to declare an amnesty period with respect to certain weapons, prohibited devices, and ammunition. During this period, individuals may surrender these items without fear of prosecution. There are several strategic considerations when dealing with this section of the Criminal Code, and various strategies that could be employed to maximize the effectiveness of an amnesty period. Strategic considerations: 1. Timing: The timing of an amnesty period is crucial. Ideally, it should be timed to coincide with a specific event or initiative, such as a gun buyback program or a national gun awareness campaign. This can help to increase public awareness of the amnesty period and encourage more individuals to participate. 2. Outreach: Effective outreach is necessary to ensure that the public is aware of the amnesty period and understands its purpose. Outreach efforts could include advertising campaigns, community events, and partnerships with local organizations, such as gun clubs or sportsmen's groups. 3. Incentives: Offering incentives for surrendering weapons, such as cash or gift cards, could encourage more individuals to participate. Alternately, individuals who surrender weapons could be offered the opportunity to participate in gun safety training programs or other community initiatives. 4. Enforcement: While the purpose of an amnesty period is to encourage voluntary surrender of weapons, it may be necessary to enforce compliance in some cases. This could include increased border security to prevent the import of prohibited items, or increased police patrols to deter illegal possession or use of weapons. Strategies: 1. Partnership with gun clubs: Partnering with local gun clubs and sportsmen's organizations can help to increase outreach and encourage participation in an amnesty period. These organizations may be able to help spread the word about the initiative and provide additional educational resources for participants. 2. Collaboration with law enforcement: Collaboration with law enforcement can help to ensure that the amnesty period is effective in reducing the number of prohibited weapons in circulation. Law enforcement agencies could assist with outreach and enforcement efforts, and may be able to provide resources for individuals to surrender weapons safely and anonymously. 3. Targeted outreach: In addition to broader public outreach efforts, targeted outreach can be effective in reaching specific groups of individuals who may be in possession of prohibited weapons. This could include outreach efforts to communities with high rates of gun violence or to individuals who have previous convictions for gun-related offenses. 4. Communication and transparency: Effective communication and transparency are essential to the success of an amnesty period. Participants should be provided with clear information about the purpose and rules of the initiative, as well as the consequences of non-compliance. Additionally, regular updates on the progress of the amnesty period can help to maintain public engagement and confidence in the initiative. Overall, an amnesty period can be an effective strategy for reducing the number of prohibited weapons in circulation. By considering strategic factors such as timing, outreach, enforcement, and collaboration, policymakers and law enforcement officials can develop effective initiatives that help to improve public safety and reduce the risk of gun-related violence.