section 84(1)

INTRODUCTION AND BRIEF DESCRIPTION

The section defines a prohibition order as an order that prohibits a person from possessing certain weapons or substances.

SECTION WORDING

84(1) In this Part, "prohibition order" means an order made under this Act or any other Act of Parliament prohibiting a person from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all such things;

EXPLANATION

Section 84(1) of the Criminal Code of Canada defines and outlines the scope of a prohibition order" in the context of Canadian criminal law. A prohibition order is a court order that prohibits a person from possessing certain weapons, ammunition, or explosive substances. The order can be made under the Criminal Code or any other Act of Parliament. The prohibited weapons, ammunition, and explosive substances include firearms, crossbows, prohibited weapons, restricted weapons, prohibited devices, prohibited ammunition, and explosive substances. This section of the Criminal Code is important because it allows the courts to restrict the possession of dangerous weapons and ammunition by individuals who are not permitted to have them. A prohibition order can be issued against a person who has been convicted of certain types of offenses, such as those involving violence, drugs, or weapons. In some cases, a prohibition order can be issued to individuals who have not been convicted of an offense, but are deemed to be a danger to society. Violating a prohibition order can result in serious consequences, including imprisonment. The purpose of this section is to ensure public safety by preventing dangerous individuals from possessing weapons, ammunition, and explosive substances. The Canadian government takes the issue of gun control and public safety seriously, and this section is an important tool in their efforts to regulate the possession and use of weapons and ammunition within Canada.

COMMENTARY

Section 84(1) of the Criminal Code of Canada defines the term prohibition order". It is an order that can be made under this Act or any other Act of Parliament prohibiting a person from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all such things. The prohibition order is a legal instrument that is used to protect the safety of the public. The prohibition order is often used in cases where someone has been convicted of a crime that involves weapons or explosives. It is a means of preventing that person from possessing any weapons or explosives in the future. Such a person is considered a danger to public safety, and the prohibition order is designed to prevent them from causing harm. The prohibition order is an important tool in the hands of the court. It can be used to restrict the actions of a person who has committed serious offenses related to weapons and explosives. This means that the person cannot legally own or possess any firearms, ammunition, or other dangerous substances. If the person violates the order, they can be charged with a criminal offense, which carries serious penalties. In order to issue a prohibition order, the court must consider several factors. These include the seriousness of the offense, the likelihood of the person committing further offenses, and the risk that they pose to public safety. The judge must also consider any other relevant factors, such as the person's criminal history, the nature of the offense, and the person's personal circumstances. The prohibition order is a preventive measure, aimed at preventing future harm. It serves as a reminder to the offender that their behavior will not be tolerated and that they must abide by the law. It also serves as a deterrent to others who might be tempted to engage in similar activities. The prohibition order is not without its critics. Some argue that it is too harsh and that it unfairly restricts the freedoms of individuals. Others argue that it does not go far enough and that it should be expanded to include other dangerous substances, such as certain chemicals or biological agents. However, the prohibition order has proven to be an effective tool in preventing future harm. It provides a means of controlling the actions of individuals who have demonstrated a clear danger to public safety. It is an essential component of the criminal justice system and is an important tool in keeping Canadians safe. In conclusion, Section 84(1) of the Criminal Code of Canada defines the term prohibition order" and provides for the legal instrument that is used to restrict the actions of individuals who have demonstrated a clear danger to public safety. It is a preventive measure aimed at preventing future harm, and it has proven to be an effective tool in keeping Canadians safe. While it may have its critics, the prohibition order remains an essential component of the criminal justice system.

STRATEGY

Section 84(1) of the Criminal Code of Canada outlines the definition of a "prohibition order." The order prohibits a person from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all such things. When dealing with this section, there are a few strategic considerations that need to be taken into account. Firstly, it is crucial to consider the reasons behind the prohibition order. Depending on the circumstances, the order may have been issued due to a conviction for a violent crime, domestic violence, or mental health issues. The reasons behind the prohibition order will impact the approach taken to dealing with the situation. Secondly, it is important to consider the type of weapon or substance that is prohibited. For example, possession of a firearm may have different restrictions than possession of ammunition or explosives. Understanding the specifics of the prohibition order is crucial in determining the best strategy to take. Thirdly, it is important to consider the individual who is subject to the prohibition order. Factors such as their age, criminal history, mental state, and compliance with previous orders all need to be taken into account to determine the best course of action. Given these considerations, there are several strategies that can be employed when dealing with section 84(1) of the Criminal Code of Canada. Here are a few examples: 1. Compliance monitoring: Once a person is subject to a prohibition order, it is important to monitor their compliance with the order. This can include regular checks with law enforcement, random searches, and reporting requirements. The focus is on ensuring that the individual does not possess any prohibited item. 2. Education and support: Depending on the circumstances, it may be beneficial to provide the person with education and support to prevent them from reoffending or violating the prohibition order. For example, where mental health issues may have contributed to the prohibition order, it may be beneficial to provide therapy or counselling. 3. Seizure of prohibited items: If an individual is found to be in possession of a prohibited item, the item may be seized by law enforcement. This is an important strategy to ensure that prohibited items do not end up in the wrong hands. 4. Criminal prosecution: Where an individual violates a prohibition order, criminal charges may be laid. The focus shifts to punishment as opposed to prevention or support. Criminal prosecution may be necessary in cases where an individual poses a serious risk to public safety. 5. Review and modification of the order: Over time, a prohibition order may need to be reviewed and modified based on changing circumstances. For example, if an individual has been compliant with the order and has shown significant improvement in their behaviour, it may be possible to modify the order to allow for possession of certain items. In conclusion, Section 84(1) of the Criminal Code of Canada outlines the definition of a "prohibition order". Dealing with this section requires careful consideration of the reasons behind the order, the type of prohibited items, and the individual subject to the order. Strategies such as compliance monitoring, education and support, seizure, criminal prosecution, and review/modification of the order can be employed depending on the circumstances. Ultimately, the goal is to prevent harm and protect public safety.