INTRODUCTION AND BRIEF DESCRIPTION

During an amnesty period, individuals who comply with an order for a specific purpose described in the order will not be guilty of an offence under Part 6 of the Criminal Code of Canada.

SECTION WORDING

117.14(3) No person who, during an amnesty period declared by an order made under subsection (1) and for a purpose described in the order, does anything provided for in the order, is, by reason only of the fact that the person did that thing, guilty of an offence under this Part.

EXPLANATION

Section 117.14(3) of the Criminal Code of Canada pertains to amnesty periods declared by orders under subsection (1) and for a specific purpose. During an amnesty period, individuals who perform any act specified in the order will not be considered guilty of an offense under Part IV, which pertains to terrorism offenses. Amnesty periods are often declared by the government in response to a particular situation or circumstance. For example, an amnesty period may be declared to encourage individuals to surrender prohibited weapons or to turn over evidence related to a specific crime. In certain cases, an amnesty period may be instituted to encourage individuals who have engaged in terrorist activity to come forward and cooperate with authorities. Section 117.14(3) is intended to encourage individuals to cooperate with law enforcement authorities during amnesty periods without the fear of prosecution. This can be a useful tool in obtaining information that is crucial to the investigation and prosecution of crimes, including terrorism offenses. It should be noted that the immunity provided by Section 117.14(3) only applies to actions taken during the amnesty period declared by order under subsection (1) and specified in the order. If an individual commits an offense outside of the specified period or performs an act that falls outside of the order, they can still be prosecuted under Part IV of the Criminal Code. In conclusion, Section 117.14(3) of the Criminal Code of Canada serves as an incentive for individuals to cooperate with authorities during amnesty periods without fear of prosecution. It is one tool that can be used to gather information or evidence crucial to the investigation of crimes, including terrorism offenses.

COMMENTARY

Section 117.14(3) of the Criminal Code of Canada provides a provision to protect individuals who participate in amnesty programs declared by an order made under subsection (1) of the same section. This provision recognizes the importance of amnesty periods in addressing certain issues while providing protection to those who engage in activities that are necessary to achieve the goal of the program. The purpose of amnesty programs varies depending on the specific context in which they operate. For instance, an amnesty program could be declared to encourage individuals who possess illegal firearms to surrender them to law enforcement authorities. Other programs could be aimed at addressing issues such as human trafficking, drug possession or abuse, or solicitation and prostitution. In all cases, the declared purpose of the amnesty program will determine the type of activities that are protected by section 117.14(3). Subsection (3) of section 117.14 provides a form of protection to individuals who participate in the declared amnesty program. It states that anyone who engages in activities that are provided for in the order and for the purpose described in that order is not guilty of an offense under this Part. This means that the individual cannot be charged or prosecuted for any actions or offenses committed while participating in the amnesty program. This provision provides a level of protection to individuals who might otherwise be hesitant to participate in an amnesty program due to the potential legal consequences of their actions. It acknowledges that the success of an amnesty program depends on the willing participation of individuals who might otherwise be in violation of the law. By providing immunity from prosecution, individuals are encouraged to come forward and engage in the activities described in the order, without fear of reprisal or prosecution. Immunity from prosecution is critical in the success of an amnesty program, as it encourages individuals to come forward and participate in the program, sharing information and working towards the common goal of the program. On the other hand, without immunity, individuals may hesitate to participate as there is a risk of prosecution for actions they took in good faith. This could undermine the effectiveness of the amnesty program. This provision, however, is not without conditions. It is only applicable during the period declared by the order made under subsection (1) of section 117.14. Once the amnesty period is over, individuals who engage in the same activities covered by the amnesty program can be charged and prosecuted for offenses under this Part of the Criminal Code. In conclusion, section 117.14(3) of the Criminal Code of Canada provides an important form of protection to individuals who participate in amnesty programs. By providing immunity from prosecution during the amnesty period, individuals are encouraged to come forward and engage in activities that are necessary to achieve the goal of the program. This provision is critical in promoting voluntary participation in amnesty programs and improving the effectiveness of these programs.

STRATEGY

Section 117.14(3) of the Criminal Code of Canada provides amnesty for individuals who commit an act that is described in an order made under subsection (1) during an amnesty period declared for a specific purpose. This section is primarily designed to encourage individuals with illegal firearms to surrender them to law enforcement agencies. As a result, individuals who surrender illegal firearms during an amnesty period will not be charged with an offense under this Part of the Criminal Code. When dealing with this section of the Criminal Code of Canada, there are several strategic considerations that organizations must consider to ensure they effectively manage the process of surrendering illegal firearms during the amnesty period. These strategies include: 1. Effectively communicating the amnesty period: The success of the amnesty period largely depends on the communication process. It's crucial to ensure that individuals are aware of the amnesty period, its purpose, and the specific offenses for which they will receive immunity. Using different communication channels such as social media, radio, newspapers, and traditional media outlets will ensure that the message reaches a wide range of individuals. 2. Providing incentives: Providing incentives for individuals to surrender illegal firearms can increase the number of firearms surrendered during the amnesty period. The incentives could include a monetary reward or the promise of reduced jail time for other offenses. 3. Ensuring safety: The process of collecting illegal firearms can be dangerous, especially where an individual is unwilling to surrender their firearm. Law enforcement agencies must ensure their officers are adequately trained to handle situations that may arise while collecting illegal firearms. This will ensure that the process is conducted safely and there is no risk of injury to both the officers and individuals involved. 4. Destruction of firearms: Once the amnesty period is over and the firearms have been collected, they must be burnt or destroyed. This ensures that the firearms do not fall into the wrong hands and that they do not pose any risk to society. 5. Tracking and monitoring: After the amnesty period is over, law enforcement agencies should track and monitor the surrendered firearms. This will enable them to establish where they were initially manufactured, distributed, or purchased and identify any patterns or trends that may require further investigation. In conclusion, Section 117.14(3) of the Criminal Code of Canada is an essential tool for addressing illegal firearms. However, its success largely depends on the strategies employed by the police. Effective communication, providing incentives, ensuring safety, destruction of firearms, and tracking and monitoring are key strategies that, when used effectively, can increase the likelihood of a successful amnesty period for illegal firearms surrender.