INTRODUCTION AND BRIEF DESCRIPTION

This section defines the terms holder of an authorization or licence and holder of a registration certificate for a firearm for the purposes of Part III of the Criminal Code.

SECTION WORDING

84(4) For the purposes of this Part, a person is the holder of (a) an authorization or a licence if the authorization or licence has been issued to the person and the person continues to hold it; and (b) a registration certificate for a firearm if (i) the registration certificate has been issued to the person and the person continues to hold it, or (ii) the person possesses the registration certificate with the permission of its lawful holder.

EXPLANATION

Section 84(4) of the Criminal Code of Canada provides a definition of the term "holder" for the purposes of Part III of the Code, which deals with firearms and other weapons. This definition has important implications for individuals who possess or use firearms, as well as for law enforcement officers charged with enforcing the provisions of the Criminal Code related to firearms. The definition in this section specifies that a person is the holder of an authorization or license if they have been issued such a document and continue to hold it. This means that individuals who possess firearms must have the appropriate licenses or authorizations in order to do so lawfully. It also means that individuals who have had their licenses or authorizations revoked are no longer considered to be holders and should not possess firearms. Similarly, the definition specifies that a person is the holder of a registration certificate for a firearm if they have been issued such a document and either still possess it, or possess it with the permission of its lawful holder. This means that individuals who own firearms must have valid registration certificates for those firearms. In cases where an individual is in possession of a firearm but does not have the registration certificate for it, they may still be considered a holder if they have obtained permission from the lawful holder to possess the certificate. Overall, Section 84(4) of the Criminal Code of Canada plays an important role in defining the lawful possession and use of firearms in Canada. It helps to ensure that only authorized individuals have access to firearms and that those who do possess firearms do so in compliance with all applicable laws and regulations.

COMMENTARY

Section 84(4) of the Criminal Code of Canada outlines the criteria that define the holder of an authorization or a licence and a registration certificate for firearms. The section is essential in the context of Part III, which deals explicitly with firearms-related offences. It is critical to understand the criteria outlined in this section of the criminal code to understand the legal framework around firearms in Canada fully. Section 84(4) establishes the holder of an authorization or a license as someone who has been issued the document and continues to hold it. This definition is significant in terms of the legal consequences of carrying a firearm. If a person does not hold a valid authorization or licence, then their possession of a firearm is deemed illegal. The requirements for obtaining authorization or a licence vary depending on the type of firearm and its intended use. For instance, a person needs a Possession and Acquisition License (PAL) to legally own a firearm, and this requires passing a background check and completing training courses. The second part of Section 84(4) deals with the registration certificate for a firearm and lays out two criteria for a person to qualify as a holder. Firstly, the certificate must have been issued to the person, and they must possess it. The latter part of this definition considers the possibility that the certificate may be in the possession of someone other than the holder, and this person must have lawful permission to hold it. The registration certificate is critical from a legal perspective as it tracks the firearm's ownership and is an integral part of the government's efforts to curb illegal possession and trafficking of firearms. The requirement for a registration certificate to own a firearm in Canada came into effect in 1998, following the passage of the Firearms Act. The Act requires that owners register all non-restricted, restricted, and prohibited firearms with the Canadian Firearms Registry. In the context of recent gun violence incidents across Canada, the registration of firearms and the criteria outlined in Section 84(4) have become increasingly vital. Recent studies have shown that gun violence is on the rise across Canada, with several high-profile shootings in the past few years. Law enforcement agencies have cited the proliferation of illegal firearms as a significant contributing factor. Section 84(4) helps to ensure that only authorized persons are in possession of firearms, making it more difficult for criminals to acquire them illegally. The registration system also helps in tracking firearms' ownership, facilitating investigations into gun-related offences and curtailing the uncontrolled spread of illegal firearms. In conclusion, Section 84(4) of the Criminal Code of Canada is critical in establishing the criteria for the holder of an authorization or a licence and a registration certificate for firearms. It underpins the legal framework for firearms possession and ownership in Canada, ensuring that only authorized persons possess them. The section is timely given the increasing incidence of gun violence, serving as an essential tool for tracking firearms ownership and assisting in investigations. As such, it is incumbent upon gun owners to comply with the legal requirements of Section 84(4) to help reduce gun violence in Canada.

STRATEGY

Section 84(4) of the Criminal Code of Canada provides guidelines for determining the legal status of a person in relation to firearms. This section specifically outlines the provisions related to the possession or ownership of firearms, including licenses, authorization, and registration certificates. In order to deal with this section of the Code effectively, there are several strategic considerations that must be taken into account. The first consideration is to ensure that the individual possesses the appropriate licenses, authorization, and registration certificates. Failure to comply with these regulations can result in criminal charges and even jail time. It is important to obtain these documents before purchasing or possessing firearms, and to ensure that they remain valid and up-to-date. The second consideration is to ensure that the individual's firearms are properly stored and secured. This is particularly important for individuals who possess restricted firearms, as special storage requirements are required by law. Failing to follow these storage regulations can also result in criminal charges, and can lead to the confiscation of the firearms. The third consideration is to ensure that the individual understands the consequences of violating firearms laws. Individuals who are found guilty of firearms offenses may be subject to fines, imprisonment, and may even have their firearms seized permanently. It is important to understand the regulations surrounding firearms ownership and use, and to take steps to comply with them. One strategy that could be employed to ensure compliance with this section of the Code is to undergo firearms safety training. This training will provide individuals with the knowledge they need to properly handle firearms and to comply with storage and transportation regulations. It will also ensure that individuals understand the legal responsibilities that come with firearms ownership and use. Another strategy could be to regularly review and update licenses, authorization, and registration certificates. This will ensure that all documents remain current and valid, and will help individuals avoid any potential legal issues that may arise from expired documents or incomplete paperwork. Finally, individuals should be familiar with local by-laws and regulations related to firearms possession and use. This can help individuals understand any specific requirements in their area, such as restrictions on the discharge of firearms or the possession of certain types of firearms. Overall, compliance with section 84(4) requires careful attention to detail and a commitment to following firearms regulations. By taking the necessary steps to obtain and maintain the appropriate documentation, properly store firearms, and remain aware of legal requirements, individuals can ensure that they are in compliance with this section of the Criminal Code of Canada.