INTRODUCTION AND BRIEF DESCRIPTION

Before making a prohibition order, a competent authority must consider a persons criminal record, the nature and circumstances of the offence, and the safety of themselves and others.

SECTION WORDING

113(2) A competent authority may make an order under subsection (1) only after taking the following factors into account: (a) the criminal record, if any, of the person; (b) the nature and circumstances of the offence, if any, in respect of which the prohibition order was or will be made; and (c) the safety of the person and of other persons.

EXPLANATION

Section 113(2) of the Criminal Code of Canada outlines the circumstances under which a competent authority may issue an order prohibiting a person from possessing firearms. The authority in question may only issue such an order after taking into account certain factors that could have a bearing on the safety of the person in question and of others. The first factor that must be considered before issuing a prohibition order is the criminal record of the person in question. If the person has previously been convicted of a crime, particularly a violent one, then they may be deemed unfit to possess firearms. This is because their past behavior may suggest that they might use firearms in a dangerous or irresponsible manner, which could put themselves and others in harm's way. The second factor that must be taken into account is the nature and circumstances of any offenses for which a prohibition order has been or will be issued. Depending on the seriousness of the offense, the authority may deem it appropriate to prohibit the person from possessing firearms in the interests of public safety. Finally, the safety of the person in question, as well as the safety of others, must also be considered before issuing a prohibition order. If it is believed that the person may pose a danger to themselves or others with firearms, then a prohibition order may be deemed necessary to ensure that no harm is done. Overall, Section 113(2) of the Criminal Code of Canada provides a framework for competent authorities to issue prohibition orders aimed at preventing individuals from possessing firearms in circumstances where doing so could present a risk to public safety. By taking into account past behavior, the nature of any offenses committed, and the safety of all involved, these orders can help to prevent firearm-related incidents that might otherwise occur.

COMMENTARY

Section 113(2) of the Criminal Code of Canada outlines the factors that must be taken into account before making an order of prohibition against a person. This is an important provision as it ensures that the rights and interests of the individual concerned are protected while also maintaining public safety. The first factor to be taken into account is the criminal record of the person. This is important as it gives an indication of the person's past behavior and whether they have committed offences that suggest they pose a risk to others. It is important to note that this does not automatically mean that someone with a criminal record should be subject to a prohibition order. Rather, it is one consideration that must be weighed against other factors. The second factor is the nature and circumstances of the offence in respect of which the prohibition order was or will be made. This is particularly important as it helps to determine the risk that the person poses. For example, an individual who has been convicted of a violent crime may be more likely to pose a risk to others than someone who has committed a white-collar crime. The third factor is the safety of the person and of others. This is the most important consideration as it relates to public safety. The purpose of the prohibition order is to protect the public from harm, and this factor weighs heavily in the decision-making process. If the person is deemed to pose a risk to themselves or others, a prohibition order may be necessary to ensure their safety. It is worth noting that the factors listed in section 113(2) are not exhaustive. Other factors may also be relevant in specific cases. For example, the person's mental health status may be a relevant consideration if it impacts their risk of harm to themselves or others. Similarly, the person's employment status or financial resources may be a relevant consideration if they are factors that would impact their ability to comply with the prohibition order. In summary, section 113(2) of the Criminal Code of Canada is an important provision that ensures that prohibition orders are made only after careful consideration of all relevant factors. The criminal record, nature and circumstance of the offence, and the safety of the person and of others are key considerations that must be weighed against each other. While this section is an essential safeguard against unjust or unnecessary prohibitions, it is important to remember that the ultimate goal of the provision is to protect public safety.

STRATEGY

Section 113(2) of the Criminal Code of Canada is a provision that allows competent authorities to make an order prohibiting a person from possessing firearms. The section outlines what factors must be taken into account before such an order can be made. Strategic considerations become important when dealing with this section of the Criminal Code, as it can have a significant impact on a person's ability to possess firearms. One of the first strategic considerations when dealing with Section 113(2) is to carefully examine the individual factors that the competent authority must take into account. These include the person's criminal record, the nature and circumstances of the offence, and the safety of the person and others. Each of these factors can be used to argue against a prohibition order being made or in favor of one being granted. The individual's criminal record is an essential consideration when dealing with Section 113(2). An individual with a lengthy criminal record, particularly if it includes violent crimes, is less likely to be able to possess firearms. However, if the criminal record is minor and non-violent, it may be easier to argue in favor of allowing the individual to possess firearms. The nature and circumstances of the offence are also important. If an individual has been convicted of using a firearm in the commission of a crime, for example, it is much less likely that they will be able to possess a firearm again. However, if the offence was less severe or non-violent, it may be possible to argue in favor of allowing them to possess firearms. The safety of the person and others is perhaps the most critical consideration when dealing with Section 113(2). If there is evidence to suggest that an individual is a danger to themselves or others with firearms, then it is unlikely that the prohibition order will be overturned. Strategies for dealing with this factor may include presenting evidence that the individual has undergone specialized training or counseling to address any underlying issues that may have contributed to the original offence. Another strategic consideration when dealing with Section 113(2) is the role played by the competent authority. The term "competent authority" is not defined in the Criminal Code, so it is up to the discretion of the individual or entity charged with making the decision. This can make it challenging to predict whether a prohibition order will be granted or refused. However, by presenting a compelling argument, backed up by solid evidence, individuals can increase their chances of getting the result they desire. Strategies for dealing with Section 113(2) could include seeking the assistance of a lawyer, particularly one with experience in firearm-related cases. Lawyers can provide guidance on how to make a compelling argument, what evidence is most likely to be persuasive, and how to present that evidence in a clear and concise manner. It may also be helpful to gather support from others who are familiar with the individual who is seeking to possess firearms. This may include family members, friends, employers, and others who can provide character references and speak to the individual's overall safety and responsibility. In conclusion, Section 113(2) of the Criminal Code of Canada is a provision that can have a significant impact on an individual's ability to possess firearms. When dealing with this section, it is essential to carefully consider the individual factors that must be taken into account, as well as the role played by the competent authority. Strategies for dealing with this section may include seeking legal assistance, gathering evidence and support from others, and presenting a compelling argument that addresses the concerns of the competent authority.