section 84(1)

INTRODUCTION AND BRIEF DESCRIPTION

The definition of authorization in Part 3 of the Criminal Code of Canada refers to an authorization issued under the Firearms Act.

SECTION WORDING

84(1) In this Part, "authorization" means an authorization issued under the Firearms Act;

EXPLANATION

Section 84(1) of the Criminal Code of Canada explains what is meant by the term authorization" in Part III of the Code, which pertains to offences related to firearms and other weapons. The term authorization" refers to an authorization that is issued under the Firearms Act, which is a federal law that regulates firearms possession, acquisition, and use in Canada. An authorization can take different forms depending on the nature of the activity or transaction involving firearms. For instance, an authorization to possess a firearm can be granted to an individual who meets certain criteria such as having a valid license and not being prohibited from possessing firearms due to criminal convictions or mental illness. An authorization to transport a firearm can be granted to an individual who needs to move a firearm from one place to another for lawful purposes, such as attending a shooting competition or going hunting. The importance of authorization in the context of firearms and weapons offences lies in the fact that many of these offences involve situations where firearms are possessed, used, or transferred without the legal authority to do so. For example, a person who possesses a firearm without a license or authorization to do so can be charged with an offence under the Criminal Code. Similarly, a person who transfers a firearm to someone who is not authorized to possess it can also be charged with an offence. Therefore, understanding the concept of 'authorization' is critical for anyone who owns or uses firearms in Canada. It is essential to ensure that all necessary authorizations are obtained and maintained in order to avoid potential criminal liability for firearms and weapons offences.

COMMENTARY

Section 84(1) of the Criminal Code of Canada is a crucial provision that defines the meaning of authorization" in the Act, as it applies to Firearms. This section plays a significant role in enforcing Canada's firearms laws and in ensuring public safety by regulating the use, ownership, and possession of firearms. The term authorization" in this context refers to an authorization issued under the Firearms Act. The Firearms Act, which came into effect on December 1, 1998, regulates the possession, acquisition, and storage of firearms and other weapons in Canada. The Act requires all firearms owners to obtain an authorization, commonly known as a Possession and Acquisition License (PAL), before they can lawfully possess firearms. The PAL is issued by the Chief Firearms Officer (CFO) of the province or territory where the applicant resides. The importance of the Firearms Act and the authorization required under it cannot be overemphasized. Firearms are dangerous weapons that can cause serious injury or death if they end up in the wrong hands. Canada has experienced several incidents of gun violence, which have highlighted the need for strict firearms regulations. The government implemented the Firearms Act as a strategy to reduce gun violence and increase public safety. The Act stipulates that firearms owners must obtain a PAL, achieve safety training, and undergo a background check before acquiring a firearm. Section 84(1) plays a crucial role in enforcing this Act as it sets out the scope of an authorization" and helps in determining what kind of authorization is necessary for a firearms owner to own or use a gun legally. This provision is relevant in the prosecution of firearm offences and is frequently used by the police and the Crown prosecutors in criminal proceedings. The authorization under the Firearms Act is necessary for individuals who want to own, acquire, or use firearms legally in Canada. By issuing an authorization, the CFO confirms that the owner has undergone the necessary safety training and background checks. The authorization also comes with conditions that the firearms owner must comply with, failure of which may lead to revocation of the PAL, criminal charges, and possible imprisonment. In conclusion, Section 84(1) of the Criminal Code of Canada defines the meaning of authorization" under the Firearms Act, which is an essential part of regulating firearms in Canada. This provision plays a crucial role in ensuring public safety by regulating the possession, acquisition, and storage of firearms in the country. Therefore, it is critical for firearms owners to acquire a PAL and comply with the stipulated conditions to prevent criminal sanctions.

STRATEGY

Section 84(1) of the Criminal Code of Canada defines the term authorization" as an authorization issued under the Firearms Act. This section is a crucial consideration for individuals who are interested in acquiring firearms in Canada. Some strategic considerations when dealing with Section 84(1) of the Criminal Code of Canada and the Firearms Act include understanding the application process, eligibility requirements, and the potential consequences of non-compliance. One essential strategy that could be employed when dealing with Section 84(1) is to research and fully understand the Firearms Act's requirements. The application process involved in acquiring a firearm authorization can be complex and varies significantly based on the type of firearm being registered and the intended use. An applicant must show proof of identity, provide details on any criminal record, pass rigorous background checks, and complete a safety training course. The eligibility requirements under the Firearms Act are stringent, and some individuals may not be permitted to own firearms. Applicants must show that they have never been convicted of certain offenses, including violent crimes, sexual offenses, or drug offenses, among others. Individuals who have a history of mental health issues or have been committed to a mental institution in the past may also face scrutiny in their application process. Another strategy that could be employed when dealing with Section 84(1) would be to follow all government regulations and maintain proper records. The Firearms Act mandates that firearm owners must keep a record of their firearm's possession, use, or transfer. Owners must also report any lost or stolen firearms to the Canadian Firearms Centre. Non-compliance with these regulations may result in penalties or even criminal charges. Finally, seeking legal counsel could be another essential strategy to consider. Lawyers specializing in firearm law can provide guidance on the application process, assist with eligibility requirements, and advise on any legal issues involved in firearm ownership. Legal counsel may also be necessary if an individual's firearm authorization is denied or revoked or if they face charges related to non-compliance with the Firearms Act. In conclusion, Section 84(1) of the Criminal Code of Canada and the Firearms Act are critical considerations when applying for a firearm authorization. Applicants must understand the eligibility requirements, follow government regulations, and seek legal counsel if necessary. Employing these strategies will help individuals navigate the process and avoid potential legal repercussions.