INTRODUCTION AND BRIEF DESCRIPTION
It is an offense to possess firearms or related items that were obtained through an offense or act considered illegal in Canada.
96(1) Subject to subsection (3), every person commits an offence who possesses a firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition that the person knows was obtained by the commission in Canada of an offence or by an act or omission anywhere that, if it had occurred in Canada, would have constituted an offence.
Section 96(1) of the Criminal Code of Canada makes it an offence to knowingly possess a firearm, prohibited weapon, restricted weapon, prohibited device, or prohibited ammunition that was obtained through the commission of an offence anywhere in Canada or internationally. This provision is aimed at reducing the availability of firearms and other dangerous weapons to criminals. It recognizes that the person who possesses these items has knowledge of their criminal origins and therefore bears some level of responsibility for the criminal activities that led to the acquisition of the firearm or weapon. In cases where a person is found to be in possession of such an item, the courts will consider various factors including the nature of the offence that led to the weapon's acquisition, the individual's criminal history, the level of danger the weapon poses to the public and the degree of knowledge the person had about the item's criminal origins. Violations of this section can result in serious penalties and imprisonment for up to 10 years depending on the circumstances. Additionally, individuals who are found to be in possession of firearms or other weapons can face other charges such as possession of stolen property, possession of a weapon for a dangerous purpose, or weapon trafficking. Overall, section 96(1) demonstrates the Canadian government's commitment to reducing gun violence and making communities safer by implementing strict laws against firearm possession and use by those who have obtained them through criminal means.
Section 96(1) of the Criminal Code of Canada is an important piece of legislation that helps to regulate the possession of firearms and other deadly weapons in the country. This section makes it a criminal offence for anyone to possess a firearm, prohibited weapon, restricted weapon, prohibited device, or prohibited ammunition that they know was obtained by committing an offence in Canada or anywhere else in the world. The main objective of this section is to prevent the circulation of illegal weapons and ammunition in the country, which can be used to commit crimes and pose a threat to public safety. By criminalizing possession of such weapons, the law seeks to deter individuals from engaging in illegal activities and to limit the availability of these weapons to potential criminals. This section of the Criminal Code also makes it clear that the person in possession of the weapon or ammunition must have knowledge that it was obtained illegally. This means that if someone acquires a weapon or ammunition unknowingly, they will not be charged under this section. However, it is important to note that ignorance of the law is not a defense in Canadian criminal law, and thus it is the responsibility of the individual to ensure that they are in compliance with the regulations and requirements concerning the possession of firearms and other weapons. The Criminal Code of Canada defines prohibited weapons as a type of firearm that is not allowed to be possessed or sold under any circumstances. Restricted weapons, on the other hand, include firearms that are restricted to people who have valid firearms licences and are subject to certain conditions like registration, specific transportation guidelines, and storage in a secure location. Prohibited devices include anything that is designed or intended to be used in the commission of a criminal offence, such as a silencer or a bump stock. Prohibited ammunition is any type of ammunition that is designed to be used with a prohibited weapon. There are some exceptions to this section of the Criminal Code. For example, individuals who possess weapons or ammunition for the purpose of their job and have a valid license are not considered to be in violation of this section. Additionally, those who possess weapons or ammunition as part of a historical collection or museum display may also be exempt from prosecution, provided that they are in compliance with the relevant regulations and requirements. In conclusion, section 96(1) of the Criminal Code of Canada is an important piece of legislation that aims to regulate the possession of firearms and other deadly weapons in the country. By making it a criminal offence to possess weapons or ammunition that are obtained illegally, the law seeks to limit the availability of these weapons to potential criminals and reduce the incidents of gun violence in the country. It is important for individuals to be aware of the requirements and regulations concerning the possession of firearms and other weapons to avoid being charged under this section of the Criminal Code.
Section 96(1) of the Criminal Code of Canada prohibits possession of firearms, prohibited weapons, restricted weapons, prohibited devices, or prohibited ammunition that was obtained through commission of an offense or through an act or omission outside Canada that would have constituted an offense if it had occurred in Canada. This provision has significant implications for law enforcement agencies, prosecutors, and defense lawyers, who must be aware of its scope, requirements, and potential defenses, as well as the consequences of breaching it. One strategic consideration when dealing with section 96(1) is to determine whether the accused person had knowledge that the firearm or other prohibited item was obtained through an offense or illegal act. This element of the offense requires proof that the accused was aware of the illegal origin of the item, either through direct knowledge or through circumstantial evidence. For example, evidence of the accused's association with known criminals, possession of stolen property, or prior criminal convictions may suggest a link to the illegal acquisition of the item. Another strategic consideration is to identify any potential challenges to the legality and admissibility of the evidence obtained by the police or other authorities. This may include issues related to search and seizure, chain of custody, witness credibility, or expert testimony, among others. Defense lawyers may argue that the evidence was obtained in violation of the accused person's constitutional rights, or that it was unreliable or insufficient to establish guilt beyond a reasonable doubt. Prosecutors may employ a range of strategies to prove the elements of the offense and secure a conviction. These may include presenting evidence of the accused's possession of the prohibited item, establishing a link between the item and a known offense or illegal act, and countering any challenges to the admissibility or credibility of the evidence. Prosecutors may also seek to show that the accused person was reckless or willfully blind as to the illegal origin of the item, which may satisfy the knowledge requirement of the offense. In terms of sentencing, section 96(1) provides for a range of penalties, including fines, imprisonment, and forfeiture of property. Prosecutors and defense lawyers may employ various strategies to argue for a particular sentence, taking into account factors such as the gravity of the offense, the harm caused, the offender's prior criminal record, and the potential for rehabilitation. Sentencing may also be influenced by broader policy considerations related to deterrence, rehabilitation, and public safety. Overall, section 96(1) of the Criminal Code of Canada presents significant strategic considerations for all parties involved in criminal proceedings. By carefully assessing the evidence, identifying potential challenges and defenses, and crafting effective arguments, lawyers and other stakeholders can achieve the best possible outcome for their clients and for the justice system as a whole.