Criminal Code of Canada - section 85(2) - Using Imitation Firearm in Commission of Offence

section 85(2)

INTRODUCTION AND BRIEF DESCRIPTION

Using an imitation firearm while committing, attempting, or fleeing an indictable offence is an offence.

SECTION WORDING

85(2) Every person commits an offence who uses an imitation firearm (a) while committing an indictable offence, (b) while attempting to commit an indictable offence, or (c) during flight after committing or attempting to commit an indictable offence, whether or not the person causes or means to cause bodily harm to any person as a result of using the imitation firearm.

EXPLANATION

Section 85(2) of the Criminal Code of Canada prohibits the use of imitation firearms during the commission or attempted commission of an indictable offence or during flight after committing or attempting to commit an indictable offence. An indictable offence is a serious criminal offence that carries a potential penalty of imprisonment for a term of two years or more. The use of an imitation firearm during the commission of an offence can instill fear in the victim and lead them to believe that they are in imminent danger. This can cause the victim to respond with force, which may result in serious harm or injury. Additionally, the use of an imitation firearm can hinder the efforts of police officers to respond appropriately to a situation, as they may be led to believe that the perpetrator is armed with a real firearm. Therefore, section 85(2) serves to protect public safety by making it an offence to use an imitation firearm in the commission of a criminal offence. The section applies regardless of whether the perpetrator causes bodily harm or intends to cause bodily harm as a result of using the imitation firearm. If a person is found guilty of violating section 85(2) of the Criminal Code of Canada, they could face serious penalties. The maximum penalty for this offence is imprisonment for a term of up to ten years.

COMMENTARY

Section 85(2) of the Criminal Code of Canada is a provision that seeks to criminalize the use of imitation firearms during the commission of indictable offenses. The section recognizes the inherent danger that the use of imitation firearms can pose, especially in situations where they may be mistaken for real firearms. This provision seeks to deter individuals from using imitation firearms during crimes, irrespective of whether they intend to cause bodily harm. The use of imitation firearms during crimes can be detrimental in many ways. First, it can cause fear and panic among the public who may believe that a real firearm is being used. The resulting confusion may cause stampedes or other instances of chaos that can lead to harm. Second, the use of imitation firearms can make it difficult for law enforcement to determine the extent of the threat that they are dealing with, leading to a heightened response. Lastly, imitation firearms can be easily mistaken for real firearms, potentially causing the use of lethal force by law enforcement officers, leading to severe consequences. This section of the Criminal Code of Canada seeks to address these concerns by making it illegal to use an imitation firearm when committing indictable offenses. This provision is critical in that it recognizes that imitation firearms, though not real firearms, can still pose a danger to the public and law enforcement officers. Moreover, it imposes severe penalties on persons found guilty of using imitation firearms in the commission of offenses, including the possibility of imprisonment. Furthermore, Section 85(2)'s criminality extends to all stages of an indictable offense: during the offense, while attempting to carry out an offense, and during escape or flight. This means that even if an individual does not cause bodily harm in the course of using an imitation firearm, their action can still be deemed criminal, and they can be punished accordingly. The provision is an essential part of Canada's criminal justice system, as it seeks to ensure public safety and deter individuals from using imitation firearms during offenses. However, there is a need to ensure that this provision is not used to unjustly target individuals. While the use of imitation firearms can be a severe offense, it is essential to consider the specific circumstances surrounding the use of the imitation firearm. In conclusion, Section 85(2) of the Criminal Code of Canada is an essential provision that seeks to address the dangers posed by the use of imitation firearms during the commission of indictable offenses. The provision recognizes that the use of imitation firearms can threaten public safety, cause confusion, and create a challenge for law enforcement officers. However, it is essential to ensure that this provision is not used to unjustly target individuals, and that the specific circumstances surrounding the use of imitation firearms are considered. Overall, this provision is critical in ensuring the safety of Canadians and their communities.

STRATEGY

Section 85(2) of the Criminal Code of Canada is applicable to those who use an imitation firearm while committing or attempting to commit an indictable offence or during their escape after committing or attempting to commit an indictable offence. The section serves to discourage offenders from using imitation firearms as part of their criminal acts and to ensure that offenders who use imitation firearms are dealt with appropriately. In this article, we will examine some of the strategic considerations and strategies that can be employed when dealing with Section 85(2) of the Criminal Code of Canada. Strategic Considerations There are several strategic considerations to be taken into account when dealing with Section 85(2) of the Criminal Code of Canada. Some of these considerations are as follows: 1. Identifying an Imitation Firearm: One of the major challenges in prosecuting offenders under this section is the identification of an imitation firearm. It may be difficult to distinguish between a real firearm and an imitation firearm, especially in situations where the offender is threatening the use of violence. Therefore, it is important to investigate thoroughly to determine the true nature of the weapon in question. 2. The Importance of Evidence: In prosecuting cases under Section 85(2), it is important to gather as much evidence as possible. This includes eyewitness accounts, physical evidence, and any other evidence that can be used to support the case. The prosecution team must ensure that the evidence is admissible and relevant to the case in question. 3. The Severity of the Offence: The nature and severity of the offence committed by the offender will have an impact on the type of strategy that can be employed. For instance, if the offence was a minor one, the offender may be given a lesser sentence, and a less strict strategy might be employed. However, if the offence was more severe, the strategy used must be more severe, and the offender could face a more stringent sentence. 4. The Right Investigators: It is important to hire investigators who are skilled at investigating cases involving imitation firearms. These investigators must have the necessary skills and knowledge to investigate the case thoroughly. Strategies That Can Be Employed Several strategies can be employed when dealing with Section 85(2) of the Criminal Code of Canada. Some of these strategies include: 1. Forensic Investigation: Forensic investigation can be used to determine the true nature of the weapon involved in the crime. Forensic analysis can reveal whether or not the weapon used in the commission of the offence was an imitation firearm or a real firearm. 2. Aggressive Prosecution: Aggressive prosecution can be used to send a strong message to offenders that the use of imitation firearms in the commission of an offence will not be tolerated. The use of this strategy can lead to harsher sentences for offenders and help deter others from similar behaviour. 3. Negotiation: A negotiation strategy can be employed in cases where the offence was committed with an imitation firearm, and the offender is willing to plead guilty. This can lead to a reduced sentence and help to resolve the case more quickly. 4. Public Awareness: Raising public awareness of the dangers of using imitation firearms can help prevent crime. Educational programmes, campaigns, and other public-awareness initiatives can help people understand the seriousness of the offence and encourage them to report any suspicious activity involving imitation firearms. Conclusion Section 85(2) of the Criminal Code of Canada is a powerful tool in deterring the use of imitation firearms in the commission of an offence. The section requires a strategic approach incorporating various considerations and strategies such as forensic analysis, aggressive prosecution, negotiation, and public awareness to ensure it achieves its intended purpose. To accomplish this, investigators, prosecutors, and the public must work together to prevent the use of dangerous weapons and to protect our communities from harm.