INTRODUCTION AND BRIEF DESCRIPTION
It is a criminal offence to carry a concealed weapon or prohibited device without authorization.
SECTION WORDING
90(1) Every person commits an offence who carries a weapon, a prohibited device or any prohibited ammunition concealed, unless the person is authorized under the Firearms Act to carry it concealed.
EXPLANATION
Section 90(1) of the Criminal Code of Canada criminalizes the act of carrying a weapon, prohibited device, or prohibited ammunition concealed without legal authorization. The Code defines weapons as any object used or intended to be used for the purpose of causing harm to a person, or to threaten or intimidate them. Prohibited devices encompass any object declared illegal or prohibited under the Firearms Act or any other related legislation. Similarly, prohibited ammunition refers to bullets or any ammunition defined as prohibited by the same legislation. The section establishes an offence that is considered a serious criminal offence in Canada with penalties ranging from heavy fines to imprisonment until the sentence is served. It is pertinent to note that individuals who have the necessary permit and clearance from the relevant authorities to carry a weapon or firearm concealed, such as law enforcement officers, are exempted from prosecution under Section 90(1) of the Criminal Code. This provision ensures that people who require weapons for their professions can perform their duties safely and effectively. Section 90(1) of the Criminal Code serves as a preventive measure to discourage individuals from carrying dangerous weapons without authorization. It also promotes public safety by deterring people from walking around with firearms or any other weapon threatening the safety and security of others. The section contributes to the overall objective of the criminal justice system to reduce crime rates, protect public safety, and uphold the rule of law.
COMMENTARY
Section 90(1) of the Criminal Code of Canada criminalizes the carrying of a weapon, prohibited device, or prohibited ammunition in a concealed manner, except where authorized under the Firearms Act. The objective of this provision is to prevent the commission of violent crimes that involve the use of concealed weapons, and to promote public safety and security. The term "weapon" in Section 90(1) encompasses a broad range of items, including firearms, knives, tasers, and any other type of object that is designed or intended to be used for the purpose of causing harm or injury. It is important to note that the concealment of a weapon is the key factor in the commission of this offense. Therefore, carrying a weapon openly and visibly does not constitute a violation of this provision. Similarly, the term "prohibited device" refers to any device that is designed or intended to be used for a dangerous purpose that is prohibited under the Firearms Act, such as silencers, grenade launchers, or any other device that is adapted for use in conjunction with a firearm. The term "prohibited ammunition" refers to any type of ammunition that is prohibited under the Firearms Act. The penalties for violating Section 90(1) of the Criminal Code of Canada can be severe. Anyone convicted of this offense can face imprisonment for a term of up to five years, depending on the nature and severity of the offense. Moreover, a conviction for this offense can have serious consequences, such as a criminal record, which can affect a person's employment, travel, and other aspects of their life. However, the provision does provide an exception for individuals who are authorized under the Firearms Act to carry a weapon, prohibited device, or prohibited ammunition in a concealed manner. This exception recognizes that there may be circumstances where the carrying of a concealed weapon is necessary for legitimate and lawful purposes, such as for law enforcement officers, security guards, or individuals who have been issued a concealed carry permit by the relevant authorities. In conclusion, Section 90(1) of the Criminal Code of Canada plays an important role in promoting public safety and preventing violent crimes involving the use of concealed weapons. The provision sends a clear message that the carrying of weapons, prohibited devices, or prohibited ammunition in a concealed manner is a serious offense that will not be tolerated in Canadian society. The exception for authorized individuals ensures that those who require the use of a concealed weapon for legitimate purposes are not unduly penalized by the provision. Overall, the provision strikes a balance between protecting public safety and respecting individual rights and freedoms.
STRATEGY
Section 90(1) of the Criminal Code of Canada criminalizes the possession of concealed weapons, prohibited devices, or ammunition. Prosecuting this offence requires the Crown to prove beyond a reasonable doubt that the accused was carrying a weapon or prohibited device concealed, and that they did not have authorized permission to do so under the Firearms Act. When dealing with section 90(1), there are different strategic considerations that lawyers can take into account to obtain the best outcome for their clients. Some of these considerations are: 1. Legal Defences: There are different legal defences that can be raised to challenge the charge of carrying a concealed weapon. For example, the accused may argue that they were not aware that they were carrying the weapon or were carrying it for a lawful purpose. The defence lawyer may also challenge the evidence of concealment by arguing that the weapon was not concealed, or that the Crown cannot prove beyond a reasonable doubt that the weapon was concealed. 2. Plea Negotiations: Depending on the strength of the Crown's case, the defence lawyer may engage in plea negotiations with the prosecutor to reduce the charge or sentence. For example, the accused may agree to plead guilty to a lesser charge that carries a lower sentence. Plea negotiations can also involve asking the Crown to drop the charges in exchange for the accused agreeing to certain conditions, such as community service or probation. 3. Trial Strategy: If the accused decides to go to trial, the lawyer must carefully plan their trial strategy. The lawyer must assess the evidence against their client and determine whether to challenge the Crown's evidence or to present an alternative version of events. The lawyer must also prepare their client to testify in court and cross-examine the Crown's witnesses. 4. Sentencing Strategy: If the accused is found guilty, the lawyer must prepare for the sentencing hearing by presenting mitigating factors that may reduce the sentence. For example, the lawyer may present evidence of the accused's good character, their lack of criminal history, or their willingness to complete rehabilitative programs. The lawyer may also argue that a lenient sentence is appropriate in the circumstances of the case. 5. Evidence Gathering: In some cases, the defence lawyer may need to gather their own evidence to challenge the Crown's case. This can involve interviewing witnesses, conducting forensic analysis of the weapon, or engaging experts to testify on behalf of the defence. In conclusion, section 90(1) of the Criminal Code of Canada is a serious offence that carries a significant penalty. Lawyers handling cases involving this offence should consider the above strategic considerations before proceeding with the case. By employing the right strategy, defence lawyers may be able to achieve the best possible outcome for their clients.