Citation(s) from the GunPolicy.org literature library

Canada. 2015 ‘Mandatory Prohibition Order.’ Criminal Code R.S.C., 1985, c. C-46 (Act current to 30 August 2015); Part III (Sections 109, 110), pp. 135-140. Ottawa ON: Senate and House of Commons of Canada. 23 July

Relevant contents

Part III. Firearms and Other Weapons

Mandatory prohibition order

109. (1) Where a person is convicted, or discharged under section 730, of…

(a.1) an indictable offence in the commission of which violence was used, threatened or attempted against

(i) the person's current or former intimate partner,
(ii) a child or parent of the person or of anyone referred to in subparagraph (i), or
(iii) any person who resides with the person or with anyone referred to in subparagraph (i) or (ii)…

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… during the period specified in the order as determined in accordance with subsection (2) or (3), as the case may be.

Duration of prohibition order — first offence

(2) An order made under subsection (1) shall, in the case of a first conviction for or discharge from the offence to which the order relates, prohibit the person from possessing

(a) any firearm, other than a prohibited firearm or restricted firearm,1… ammunition… during the period that

(i) begins on the day on which the order is made, and
(ii) ends not earlier than ten years after the person's release from imprisonment after conviction for the offence or, if the person is not then imprisoned or subject to imprisonment, after the person's conviction for or discharge from the offence; and

(b) any prohibited firearm, restricted firearm, prohibited weapon, prohibited device and prohibited ammunition for life…

Discretionary prohibition order

110. (1) Where a person is convicted, or discharged under section 730, of…

(b) an offence that involves, or the subjectmatter of which is, a firearm… 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…, and where the court decides that it is so desirable, the court shall so order.

(2) An order made under subsection (1) against a person begins on the day on which the order is made and ends not later than ten years after the person's release from imprisonment after conviction for the offence to which the order relates or, if the person is not then imprisoned or subject to imprisonment, after the person's conviction for or discharge from the offence.

(2.1) Despite subsection (2), an order made under subsection (1) may be imposed for life or for any shorter duration if, in the commission of the offence, violence was used, threatened or attempted against

(a) the person's current or former intimate partner;
(b) a child or parent of the person or of anyone referred to in paragraph (a); or
(c) any person who resides with the person or with anyone referred to in paragraph (a) or (b)…

ID: Q10793

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