INTRODUCTION AND BRIEF DESCRIPTION
This section requires the court to consider prohibiting a person convicted of certain offenses involving violence or weapons from possessing firearms, ammunition, or explosive substances.
SECTION WORDING
110(1) Where a person is convicted, or discharged under section 730, of (a) an offence, other than an offence referred to in any of paragraphs 109(1)(a), (b) and (c), in the commission of which violence against a person was used, threatened or attempted, or (b) an offence that involves, or the subject-matter of which is, a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, ammunition, prohibited ammunition or an explosive substance and, at the time of the offence, the person was not prohibited by any order made under this Act or any other Act of Parliament from possessing any such thing, the court that sentences the person or directs that the person be discharged, as the case may be, shall, in addition to any other punishment that may be imposed for that offence or any other condition prescribed in the order of discharge, consider whether it is desirable, in the interests of the safety of the person or of any other person, to make an order prohibiting the person from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all such things, and where the court decides that it is so desirable, the court shall so order.
EXPLANATION
Section 110(1) of the Criminal Code of Canada deals with imposing orders on individuals convicted of violent offences or those involving firearms or dangerous weapons. Under this section, if a person is convicted of an offence, which involves the use, threat, or attempt of violence against another person or possession of a firearm, cross-bow, prohibited weapon, or explosive substance, the court that sentences them has the power to consider imposing an order prohibiting that person from possessing such things in the future. The purpose of this section is to prevent further harm or danger to the person or others by restricting their access to dangerous weapons. The court must consider the interests of safety when deciding whether to impose such an order, taking into account factors such as the severity of the offence, the likelihood of reoffending, and the potential risk to the public. This section allows the court to impose additional conditions and punishments on the perpetrator, who has already been convicted of a criminal offence. The orders imposed in this section can range from total prohibition of possession of firearms, cross-bows, prohibited weapons, or explosive substances, to conditional prohibition, depending on the circumstances of the case. In summary, Section 110(1) of the Criminal Code of Canada is an essential tool for courts to reduce the risk of future harm and protect public safety by restricting access to dangerous weapons for those who have committed violent crimes or other serious offences.
COMMENTARY
Section 110(1) of the Criminal Code of Canada is an essential provision that deals with the issue of public safety in the context of an individual's past criminal activities. The provision mandates a court, after a conviction or discharge under section 730, to consider whether it is desirable to impose an order prohibiting the person from possessing firearms, crossbows, prohibited weapons, restricted weapons, and other explosive substances. The provision aims to address public safety concerns by preventing individuals who have shown a tendency towards violence and the use of dangerous weapons from possessing such tools again. By prohibiting the possession of firearms, crossbows, prohibited weapons, and other weapons and explosives, the provision creates a safer environment in which individuals can coexist without fear of violence. In particular, it attempts to reduce the risk of harm to the public, including a potential victim of violence or the person themselves. The provision recognizes that the possession of such weapons is a significant risk factor for further violent behavior and seeks to prevent individuals with a history of violent, aggressive behavior from accessing them. The court's discretion to impose a prohibition order is therefore necessary, as it allows the court to consider the facts of each individual case before making the order. The provision demonstrates how the criminal justice system can play a preventive role in ensuring the safety of the public. By imposing a prohibition order, the court is actively taking steps towards preventing the individual from accessing instruments of harm and reducing the likelihood of future harm. This can significantly reduce the number of violent incidents and their severity, leading to safer communities. However, the Section 110(1) provision is not without its challenges. One of the main issues is its effectiveness in deterring future violent behavior. Some individuals may continue to obtain firearms or other weapons illegally, despite a prohibition order. The provision does not address the issue of illegal possession or use of weapons, which could undermine the effectiveness of the provision. Another challenge is the potential for unequal application of the law. The provision can be biased against certain groups, such as those from lower socioeconomic backgrounds or minority groups, who may be more likely to be convicted of crimes involving violence or weapons. The discretionary power of the courts to impose an order can also lead to differences in interpretation and implementation of the law, which can exacerbate existing inequalities. In conclusion, Section 110(1) of the Criminal Code of Canada is an essential provision that recognizes the potential risks posed by individuals with a history of violent behavior or weapon offenses. The provision seeks to prevent future harm by imposing a prohibition order, which prohibits individuals from accessing firearms, crossbows, prohibited weapons, and other explosives. While there are challenges associated with the provision, it is an essential tool for safeguarding public safety and can be used effectively in combination with other measures to reduce violence and create safer communities.
STRATEGY
Section 110(1) of the Criminal Code of Canada is an important tool in the arsenal of Crown prosecutors seeking to ensure public safety and prevent future criminal activity. This section allows for the imposition of a prohibition order on an individual who has been convicted or discharged for committing an offence involving violence or firearms. The overarching objective of the section is to prevent the individual from possessing any potent weapon or associated items that could pose a risk to the public, thereby achieving a deterrence effect. When dealing with this section of the Criminal Code of Canada, a Crown prosecutor must consider several strategic factors. One primary consideration is the case law related to section 110(1). The prosecutor must understand the relevant jurisprudence concerning the factors that a court will consider when deciding whether to impose a prohibition order. Some of the factors include the seriousness of the offence, the nature of the weapon involved, the offender's criminal history, and the offender's likelihood of reoffending. Another strategic consideration is the timing of the application for the prohibition order. The prosecutor must decide when to file the application because Section 110(1) is not only a discretionary provision, but it also requires the court to consider whether a prohibition order is "desirable in the interests of the safety of the person or of any other person." As such, it is important to bring the application before a judge with appropriate experience and knowledge at the time of sentencing. In some cases, the prosecutor may also consider negotiating a plea agreement with the defence that includes a prohibition order variable. This strategy could be useful in reducing the time and resources necessary to achieve the same result through a contested court hearing and could alleviate concerns about whether a specific prohibition order being imposed would survive an appeal. Moreover, in some cases, the prosecutor may recommend a specific term for the prohibition order to keep the offender monitored and evaluate their reform. A regiment to evaluate compliance with the prohibition order and periodic application to review the order's necessity may be useful in helping to achieve the desired outcomes for public safety. In conclusion, section 110(1) of the Criminal Code of Canada provides Crown prosecutors with a strategic tool to promote public safety and prevent the recurrence of similar offences involving violence or firearms. Nonetheless, exercise of the discretion that the section provides requires the prosecutor to consider many factors, including previous jurisprudence, the court's experience and timing of the application, plea agreements, and specific term recommendations. Therefore, prosecutors need to develop sound strategies that serve their clients' interests and the public's welfare.