37^th Parliament, 3^rd Session
(February 2, 2004 - May 23, 2004)

Edited Hansard • Number 048

Wednesday, May 5, 2004

Questions on the Order Paper

[HANSARD PAGE 2805]

Hon. Roger Gallaway (Parliamentary Secretary to the Leader of the Government in the House of Commons, Lib.): Madam Speaker, Question No. 76 will be answered today.

[Text]

Question No. 76

[Submitted: March 24, 2004]

Mr. Garry Breitkreuz:  For each year since 1995: (a) what is the total number of firearm prohibition orders issued under sections 109, 110 and 111 of the Criminal Code; (b) what is the total number of charges and disposition of charges laid under section 117.01(1) of the Criminal Code; and (c) what is the total number of persons who have been charged with any other firearms offence or criminal offence while in possession of a firearm since the firearms prohibition order took effect?

Hon. Anne McLellan (Deputy Prime Minister and Minister of Public Safety and Emergency Preparedness, Lib.): The total number of firearm prohibition orders issued under sections 109, 110, and 111 of the Criminal Code for each year since 1995 to present show a total of 6615, as investigated by the Royal Canadian Mounted Police. The yearly breakdown is as follows:

    In response to questions (b) and (c), the Royal Canadian Mounted Police does not track such statistics, thus an accounting of the number of charges and associated disposition of charges laid under Section 117.01(1) of the Criminal Code, as well as the total number of persons who have been charged with any other firearms offence or criminal offence while in possession of a firearm since the firearms prohibition order took effect cannot be provided. The agencies responsible for the administration of justice in provincial jurisdictions may retain statistics or other information pertaining to charges laid and their associated dispositions under Section 117.01(1) of the Criminal Code of Canada.

CRIMINAL CODE SECTIONS – FIREARM PROHIBITION ORDERS

http://laws.justice.gc.ca/en/c-46/41775.html

Mandatory Prohibition Order - 109. (1) Where a person is convicted, or discharged under section 730, of (a) an indictable offence in the commission of which violence against a person was used, threatened or attempted and for which the person may be sentenced to imprisonment for ten years or more, (b) an offence under subsection 85(1) (using firearm in commission of offence), subsection 85(2) (using imitation firearm in commission of offence), 95(1) (possession of prohibited or restricted firearm with ammunition), 99(1) (weapons trafficking), 100(1) (possession for purpose of weapons trafficking), 102(1) (making automatic firearm), 103(1) (importing or exporting knowing it is unauthorized) or section 264 (criminal harassment), (c) an offence relating to the contravention of subsection 5(1) or (2), 6(1) or (2) or 7(1) of the Controlled Drugs and Substances Act, or (d) 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, any ammunition, any prohibited ammunition or an explosive substance and, at the time of the offence, the person was 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, make an order prohibiting the person from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition and explosive substance during the period specified in the order as determined in accordance with subsection (2) or (3), as the case may be.

Discretionary Prohibition Order - 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.

Application for a Prohibition Order - 111. (1) A peace officer, firearms officer or chief firearms officer may apply to a provincial court judge for an order prohibiting a person from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all such things, where the peace officer, firearms officer or chief firearms officer believes on reasonable grounds that it is not desirable in the interests of the safety of the person against whom the order is sought or of any other person that the person against whom the order is sought should possess any such thing.

Possession Contrary to  Prohibition Order - 117.01 (1) Subject to subsection (4), every person commits an offence who possesses a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, any ammunition, any prohibited ammunition or an explosive substance while the person is prohibited from doing so by any order made under this Act or any other Act of Parliament.

 Failure to surrender authorization, etc.

 (2) Every person commits an offence who wilfully fails to surrender to a peace officer, a firearms officer or a chief firearms officer any authorization, licence or registration certificate held by the person when the person is required to do so by any order made under this Act or any other Act of Parliament.

 Punishment

 (3) Every person who commits an offence under subsection (1) or (2) (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or (b) is guilty of an offence punishable on summary conviction.

 Exception

 (4) Subsection (1) does not apply to a person who possessed a firearm in accordance with an authorization or licence issued to the person as the result of an order made under subsection 113(1).

1995, c. 39, s. 139.