section 84(1)

INTRODUCTION AND BRIEF DESCRIPTION

This section defines a cross-bow as a device capable of causing serious bodily injury or death to a person.

SECTION WORDING

84(1) In this Part, "cross-bow" means a device with a bow and a bowstring mounted on a stock that is designed to propel an arrow, a bolt, a quarrel or any similar projectile on a trajectory guided by a barrel or groove and that is capable of causing serious bodily injury or death to a person;

EXPLANATION

Section 84(1) of the Criminal Code of Canada defines the term "crossbow" in relation to Part III of the Code, which deals with prohibited weapons. The definition describes a crossbow as a device that includes a bow, a bowstring, and a stock, which is specifically designed to launch an arrow, bolt, quarrel, or similar projectile. This projectile is propelled on a trajectory guided by a barrel or groove and has the potential to cause serious bodily injury or death to a person. The definition of a crossbow is important in the context of the Criminal Code of Canada as it lists crossbows as prohibited devices under certain circumstances. Specifically, Section 84(1) sets out the definition of a crossbow that is likely to cause harm to others and therefore prohibited under Canadian law. This includes any crossbow that has been designed to shoot arrows or other projectiles that are capable of inflicting serious bodily harm or death. In addition to classifying crossbows as prohibited weapons, the Criminal Code of Canada also regulates the ownership and use of crossbows. For example, crossbows are subject to licensing and registration requirements, and there are restrictions on the transportation of crossbows and the places where they can be used. These regulations are in place to ensure the safety of the public and to prevent the use of crossbows for criminal purposes. Overall, Section 84(1) of the Criminal Code of Canada provides a clear definition of what constitutes a crossbow and the circumstances under which the device is deemed a prohibited weapon. By providing this definition, the law aims to promote public safety and prevent the use of crossbows for harmful purposes.

COMMENTARY

Section 84(1) of the Criminal Code of Canada defines the term "cross-bow" for the purposes of Part III of the Code, which deals with prohibited weapons. A cross-bow is a device that is similar to a bow and arrow but has a bowstring mounted on a stock, meaning the bow is directly attached to the stock of the device. The cross-bow is capable of propelling arrows, bolts, quarrels and other similar projectiles on a trajectory that is guided by a barrel or groove. The section recognizes the potential danger posed by cross-bows and highlights the need for regulation of these weapons. It explicitly states that these devices are capable of causing serious bodily injury or death to a person. The recognition of the inherent danger posed by cross-bows is consistent with the recognition of other prohibited weapons in the Criminal Code, including firearms, explosive substances, and prohibited knives. The inclusion of cross-bows in Part III of the Criminal Code makes it clear that they are considered prohibited weapons in Canada and are subject to strict regulations. Under section 84(2), it is an offence for an individual to possess a cross-bow unless they have a valid exemption or are authorized to possess the weapon for a lawful purpose. There are limited exceptions to the prohibition on possessing a cross-bow for certain individuals, including those engaged in certain occupations such as the military or law enforcement, as well as individuals who require one for a lawful pest control purpose. However, even in these situations, there are strict regulations in place related to possession, transportation, and discharge of the weapon. The regulations related to cross-bows are in place to ensure public safety and prevent the use of these devices for criminal purposes. In recent years, there have been concerns raised about the use of cross-bows in criminal activities, including poaching and assaults. The strict regulations in place related to these devices work to deter the use of cross-bows in criminal activities and help law enforcement agencies to better respond to incidents involving these weapons. In conclusion, Section 84(1) of the Criminal Code of Canada defines the term "cross-bow" and highlights the potential danger posed by these weapons. The recognition of the danger posed by cross-bows is consistent with the recognition of other prohibited weapons in the Criminal Code. The strict regulations in place related to the possession, transportation, and discharge of these weapons work to deter their use in criminal activities and prevent serious harm to individuals.

STRATEGY

Section 84(1) of the Criminal Code of Canada is a critical legal provision when it comes to the ownership, use, and possession of crossbows in Canada. Under the law, crossbows are classified as deadly weapons that can cause serious bodily injury or death to persons. Therefore, anyone who possesses, uses, or sells a crossbow must comply with the legal requirements set out in this Section. There are several strategic considerations when dealing with this section of the Criminal Code of Canada. For instance, individuals or businesses that deal with crossbows must ensure that they comply with the legal requirements to avoid any legal implications that may arise. Failing to meet these legal requirements could lead to various criminal charges and possible fines, imprisonment, or both. Another strategic consideration is to ensure that only qualified and licensed individuals purchase and use crossbows. The law requires that individuals possess a valid license to own or use a crossbow in Canada. Therefore, individuals who intend to purchase or use crossbows should undergo the necessary training and obtain a license before doing so. This reduces the risk of accidents and misuse of crossbows, ensuring that only authorized users handle the deadly weapons. Another strategy to consider when dealing with section 84(1) of the Criminal Code of Canada is to ensure that crossbows are appropriately stored and transported. The law requires that crossbows be stored in a secure place and be unstrung during transportation. This ensures that crossbows do not fall into the wrong hands or get used inappropriately. Businesses that deal in the sale of crossbows should carefully vet their customers to ensure they meet the legal requirements to own and use the deadly weapons. This involves verifying the customer's age, identity, and possession of a relevant license to avoid selling to individuals who do not meet the criteria, thus ensuring compliance with the law. In conclusion, while owning and using crossbows in Canada is legal, it is necessary to comply with the legal requirements. Adhering to section 84(1) of the Criminal Code of Canada ensures that crossbows are appropriately managed, reducing the risk of misuse and accidents. Some strategies to consider when dealing with this section of the law include ensuring appropriate storage and transportation of crossbows, verifying the customer's eligibility to own and use the weapons, and obtaining appropriate licenses and certifications.