INTRODUCTION AND BRIEF DESCRIPTION
This section defines a prohibited weapon as a knife with an automatic blade or any non-firearm weapon that is prescribed as prohibited.
SECTION WORDING
84(1) In this Part, "prohibited weapon" means (a) a knife that has a blade that opens automatically by gravity or centrifugal force or by hand pressure applied to a button, spring or other device in or attached to the handle of the knife, or (b) any weapon, other than a firearm, that is prescribed to be a prohibited weapon;
EXPLANATION
Section 84(1) of the Criminal Code of Canada defines a "prohibited weapon" under Part III of the Code. This section outlines the two types of weapons that qualify as "prohibited" in Canada. Firstly, it identifies a specific type of knife that is prohibited. This includes knives that have a blade that opens automatically by gravity or centrifugal force or by hand pressure applied to a button, spring, or other device in or attached to the handle. This type of knife is also known as a switchblade and is illegal to possess or carry in Canada. Secondly, the section highlights that any weapon, other than a firearm, can be considered a prohibited weapon if prescribed as such by the government. This provides flexibility for the government to update and adjust the list of prohibited weapons as needed. It is important to note that these prohibited weapons are not just limited to firearms but can include a wide range of weapons, including bladed weapons like swords or axes, and non-lethal weapons such as brass knuckles or stun guns. Overall, Section 84(1) serves to restrict the possession and use of weapons that are considered dangerous or easily concealed. By providing clear definitions of what is considered a prohibited weapon, law enforcement agencies are able to monitor and enforce regulations surrounding the possession and use of these weapons. This assists in promoting public safety and reducing the risk of harm to individuals and society as a whole.
COMMENTARY
Section 84(1) of the Criminal Code of Canada outlines the definition of a prohibited weapon", which is an essential aspect of Canadian criminal law. This section explicitly identifies two categories of prohibited weapons: automatic knives (often called switchblades) and any other weapon that the government has prescribed as prohibited. Automatic knives, which have a blade that opens automatically by gravity, centrifugal force or a button, spring, or similar mechanism, are prohibited in Canada. This restriction is in place as a way to ensure public safety, making it more difficult for individuals to carry out knife attacks. It is important to note that this restriction doesn't apply to knives with blades that are partially opened via a thumb stud, for example. The second category of prohibited weapons outlined in Section 84 (1) (b) includes any other weapon the government has prescribed as prohibited. The government has a responsibility to safeguard the public, and this includes deciding what types of weapons are legal and not. In particular, this section allows the government to adapt its list of prohibited weapons, in case a new weapon becomes dangerous or a previously approved weapon is found to be unsafe. It is clear that the prohibition of weapons is a crucial aspect of Canadian criminal law, as it seeks to maintain public safety, prevent violence and criminal attacks, and protect the rights of innocent individuals. Automatic knives and other weapons are not only dangerous, but they can be used for specific types of criminal activity. The prohibition of these weapons can be regarded as ethical and moral in that it directly benefits society by preventing unnecessary acts of violence. Section 84 (1) allows Canadian authorities to regulate these weapons strictly, making it more challenging for individuals to access them, reducing the likelihood of a knife-related attack or crime. Moreover, criminal organizations and other groups that engage in illegal activities are likely to have access to these weapons or similar ones, posing an increased risk to public safety. The restriction of prohibited weapons can act as a barrier to such groups or individuals from engaging in nefarious activities. In conclusion, Section 84 (1) of the Criminal Code of Canada demarcates prohibitions regarding weapons, it establishes procedures for categorizing weapons and labeling them as prohibited." This section is critical because it promotes public safety, serves to deter the commission of violent acts, and protects law-abiding individuals from harm. The criminal code, therefore, has a crucial role to play in regulating the possession, use, and sales of prohibited weapons.
STRATEGY
Section 84(1) of the Criminal Code of Canada lays out the definition of prohibited weapon". It includes knives that have blades that can swift open with the help of gravity, centrifugal force, or any other locking mechanisms. The legislation further extends to other weapons, which are not firearms but have been prescribed to be a prohibited weapon." The stipulation under this section is comprehensive and strict. Several strategic considerations must be taken into account while dealing with Section 84(1) of the Criminal Code of Canada. One of the foremost approaches is understanding the definition laid out in the code. Lawyers and law enforcement agencies must comprehend the various weapons that are considered prohibited" under the legislation. This would enable them to take the appropriate course of action and reduce the likelihood of any errors in executing the rules. A thorough understanding of the law, the prohibition on weapons, and exceptions to the rule can significantly help in subsequent applications of section 84(1) of the Criminal Code of Canada. Another strategic consideration that is relevant for lawyers and law enforcement is to keep updated with any recent changes in the legislation. The Canadian law is evolving, and laws are continually changing. Legal practitioners and law enforcement agencies must consistently keep themselves informed about any changes and possible consequences. One strategy that could be employed is to conduct awareness campaigns or training sessions related to Section 84(1) of the Criminal Code of Canada. Many people, including law enforcement agencies, may have misconceptions or misunderstandings related to the legislation. Providing relevant training could reduce the possibility of errors in the interpretation of the law that could pave the way for misuse of weapons. Another strategy that could be implemented is strictly regulating the availability of weapons. The accessibility to weapons plays a crucial role in the prevention of weapons misuse. Guns and other firearms are heavily regulated, and any ownership requires stringent background checks and licensing. Similarly, the regulation of other weapons must also be implemented to control the accessibility of prohibited weapons. Lastly, tactful interpretation of the legislation is also an important consideration. The interpretation of the legislation can be subjective and may depend on several circumstances. Understanding the intent behind the law and applying proper discretion when required can substantially contribute to the appropriate application of Section 84(1) of the Criminal Code of Canada. To sum up, Section 84(1) outlines the prohibition on weapons, and lawyers, and law enforcement agencies must take into account the strategic considerations while dealing with this legislation. The above-discussed approaches could be used to ensure an appropriate application of the law and achieve the intended purpose behind the prohibition.