INTRODUCTION AND BRIEF DESCRIPTION
Section 90(2) of the Criminal Code of Canada outlines the penalties for committing an offence under section 90(1), including imprisonment not exceeding five years or summary conviction.
SECTION WORDING
90(2) Every person who commits an offence under subsection (1) (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or (b) is guilty of an offence punishable on summary conviction.
EXPLANATION
Section 90(2) of the Criminal Code of Canada sets out the penalties for committing the offence of carrying a weapon or imitation weapon for a dangerous purpose. The section states that anyone who commits this offence is guilty of an indictable offence and is liable to imprisonment for a term of up to five years. Alternatively, the person could be guilty of a less serious offence punishable by summary conviction. The offence of carrying a weapon for a dangerous purpose is a serious offence. It involves carrying a weapon or imitation weapon with the intention of using it to cause harm or to intimidate others. The offence can include knives, guns, or anything else that could be used as a weapon. It can also include imitation weapons if they are used in a way that could cause harm or scare others. The penalties for this offence are severe. If convicted, a person could be imprisoned for up to five years. The length of the sentence will depend on various factors, such as the type of weapon used, whether anyone was harmed, and the person's criminal history. Along with the prison sentence, a conviction for carrying a weapon for a dangerous purpose could result in a criminal record, which could have lifelong consequences. Overall, section 90(2) of the Criminal Code of Canada is an important provision to ensure that people are deterred from carrying weapons for a dangerous purpose. By setting out severe penalties for the offence, the law aims to reduce the likelihood of such violent acts taking place, and promote safety and security in Canadian communities.
COMMENTARY
Section 90(2) of the Criminal Code of Canada relates to the offence of carry prohibited weapon or restricted weapon and is a very important section of the Code given the increased focus on gun violence in recent years. The section takes a strong stance against carrying prohibited and restricted weapons, making it clear that such behaviour is not acceptable in Canadian society. Subsection 1 of Section 90 outlines the types of weapons that are prohibited or restricted under Canadian law. Some of these weapons include firearms that have been modified to have shorter barrels, automatic firearms, and certain types of knives (such as switchblades). Carrying any of these weapons in public is strictly prohibited under Canadian law, and individuals caught doing so can be charged with an offence under Section 90(1). The penalties for committing an offence under Section 90(1) are outlined in Section 90(2). Depending on the circumstances of the offence, an individual can face either an indictable or summary conviction. If an individual is found guilty of an indictable offence, they are liable to imprisonment for a term not exceeding five years. If they are found guilty of an offence punishable on summary conviction, they may be subject to a fine and/or imprisonment for a period of up to six months. The penalties outlined in Section 90(2) are significant and reflect the serious nature of carrying prohibited or restricted weapons. By imposing a possible imprisonment term of five years, the legislation sends a clear message to potential offenders that the Canadian justice system will not tolerate such behaviour. Additionally, by allowing for summary conviction, the legislation ensures that lesser offences can be dealt with quickly and efficiently, allowing for the justice system to prioritize the most serious offences. It is worth noting that the penalties outlined in Section 90(2) are only one aspect of the Canadian justice system's response to gun violence. There are numerous other laws and regulations in place that are designed to keep Canadians safe from gun-related crimes. For example, the Criminal Code also includes provisions related to the storage and transportation of firearms, as well as laws prohibiting the sale or transfer of firearms to individuals who are not licensed to possess them. In conclusion, Section 90(2) is a critical piece of legislation that reflects Canada's commitment to combatting gun violence and keeping its citizens safe. By imposing significant penalties for carrying prohibited or restricted weapons, the section makes it clear that such behaviour is not acceptable in Canadian society. Additionally, by allowing for summary conviction, the law ensures that lesser offences can be dealt with quickly and efficiently, allowing the justice system to focus on the most serious crimes. Ultimately, Section 90(2) plays an important role in maintaining law and order and protecting Canadians from harm.
STRATEGY
Section 90(2) of the Criminal Code of Canada pertains to weapons trafficking, a serious criminal offence that carries severe penalties ranging from imprisonment to financial fines, as outlined in the section above. When dealing with this section of the Criminal Code of Canada, there are several strategic considerations that must be taken into account by lawyers and accused persons. These considerations include, but are not limited to: The nature of the charge: It is important to understand that weapons trafficking is an incredibly serious criminal offence. The severity of the crime could have a significant impact on the sentence that the accused person could receive if they are found guilty. It also means that the Crown may treat the charges more seriously, which could have implications for plea negotiations or other legal strategies. Evidence: The evidence presented against the accused is another essential consideration. If the Crown can produce strong evidence to support the charge, it may be challenging to mount a successful defence. In contrast, weak evidence could provide an opportunity for the defence to challenge the Crown's case, resulting in a more favourable outcome for the defendant. It is crucial to carefully review all available evidence before determining the most appropriate legal strategy. Legal experience: Weapons trafficking charges are complex and require the expertise of lawyers who have a strong understanding of criminal law. A defence team with experience handling similar cases can provide valuable insights and legal guidance to clients as they navigate the legal system. Personal circumstances: It is also important to consider the personal circumstances of the accused. Things such as their criminal history or prior offences could significantly impact the outcome of the case. The defence team should also consider factors such as employment, family obligations, and any consequences that their client may face if convicted to develop a personalised legal strategy that is tailored to their specific situation. The potential for Pretrial negotiations: The potential for pretrial negotiations is one of the most important strategic considerations when dealing with criminal charges, including weapons trafficking. It is essential to evaluate whether plea bargaining or other forms of negotiation may be viable options to achieve more favourable outcomes for the accused. This could include the option to plead guilty to a lesser charge or negotiating a sentence that is less severe than what may be imposed if the case goes to trial. Some of the strategies that could be employed by the defence team in dealing with Section 90(2) of the Criminal Code of Canada include the following: Challenging the evidence: This could involve challenging the reliability of the evidence or pointing out procedural issues that could raise doubts about the evidence presented. This could provide an opportunity to have the charges withdrawn or dismissed. Plea bargaining: The defence may explore the potential for pretrial negotiation to secure a more favourable outcome for the accused, such as a plea bargain, sentence mitigation, or reduced charges. Negotiate down charges to lower severity convictions: In some cases, the defence team may focus on negotiating down the charges to a lesser offence, which carries less severe penalties, such as possession of a weapon without a licence or improper storage of a firearm. Challenging constitutional rights violations: The defence team may argue that the accused's constitutional rights have been violated at some stage of the investigation or arrest. This could provide an opportunity to have evidence excluded from the trial. In conclusion, Section 90(2) of the Criminal Code of Canada is a complex and challenging criminal offence that requires a carefully crafted legal strategy by an experienced defence team. Some of the strategic considerations that must be taken into account include the nature of the charge, the evidence, legal experience, personal circumstances, and the potential for pretrial negotiations. Ultimately, the defence team must find the best legal strategy for their clients to achieve favourable outcomes.