Navigating the Complexities of Firearms Offences in Canada

Navigating Firearms Seizure and Forfeiture Proceedings in Canada

At Mor Fisher LLP, we provide specialized legal assistance for individuals involved in stand-alone firearms seizure and forfeiture proceedings under Section 117 of the Canadian Criminal Code. These applications require a nuanced understanding of the law, particularly when they occur outside the context of a criminal offence. Generally speaking, the test before the court during these hearings is whether there are legitimate concerns the person lacks the responsibility and discipline the law requires of gun owners.

Understanding Section 117.04: Seizure for Public Safety

Under Section 117.04, law enforcement officers have the authority to seize firearms from individuals in lawful possession if there is a belief that the individual may pose a danger to themselves or the public.

Criteria for Warrantless Seizure:

• Exigent Circumstances: Officers may seize a firearm without a warrant if obtaining one is not practicable due to possible immediate danger.
• Interest of Safety: Seizures can occur when it is in the interests of safety, even if the individual is lawfully in possession of the firearm.

The Process of Disposition Applications

Following a seizure, the law provides a process for determining the disposition of the seized items.

Application for Disposition (Section 117.05):

• Justice’s Role: A justice will set a date for a hearing upon an application made by a peace officer within 30 days of the seizure.
• Ex Parte Hearing: In certain cases, the hearing may proceed ex parte, meaning without the presence of the person from whom the items were seized.
• Hearing Details: The justice will consider all relevant evidence, including the value of the seized item.

Possible Outcomes of the Hearing

The justice’s decision can lead to several outcomes based on the safety interests.

Forfeiture and Prohibition Orders (Section 117.05(4)):

• Forfeiture to the Crown: If satisfied that it is in the public interest, the justice may order seized items to be forfeited to Her Majesty or be disposed of otherwise.
• Prohibition Orders: Where seizure is ordered, the justice will also prohibit the individual from possessing any weapon or related item for a period of years up to five years.

Expert Legal Representation

Navigating the complexities of firearm seizure and forfeiture proceedings requires expert legal guidance. Our team at Mor Fisher LLP is equipped to provide you with the necessary representation and support throughout this process.

Schedule a Consultation

If you’re facing a firearms seizure and forfeiture proceeding in Ontario, reach out to us for a confidential consultation. Let our expertise guide you through these challenging legal waters.