Understanding Bill C-21 and Its Impact on Gun Ownership
In December of 2023, the federal government passed new laws (Bill C-21) on Firearms. The new laws touch on all aspects of gun ownership and provides new ways for gun owners to lose their firearms and Possession and Acquisition License (PAL).
Changes Introduced by Bill C-21
One of the most significant changes Bill C-21 instituted was the creation of additional laws in the Criminal Code of Canada (“Criminal Code”). These laws create more ways to take your guns and firearms license.
The Criminal Code now contains five types of gun prohibition orders. They are:
- Mandatory Prohibition Orders
- Discretionary Prohibition Orders
- Emergency Protection Orders
- Prohibition Orders,
- Emergency Limitations on Access Order, and
- Limitations on Access order.
This blog solely focuses on Emergency Prohibition Orders, Prohibition Orders, Emergency Limitations on Access Orders, and Limitations on Access Orders since these orders can issued without a conviction or a guilty plea to a Criminal Code offense.
The firearm lawyers at Davidson Gregory take pride in specializing in gun laws in Canada. We often defend individuals who have their guns and/or gun licenses seized by the police and work tirelessly for our clients to get their guns and firearms licenses back. If you want to learn more, visit our firearms possession section here.
1. Section 110.1 – Emergency Protection Order and Its Implications for Gun Owners
The Criminal Code contains a new firearms prohibition section under section 110.1 named “Application for Emergency Protection Order.” This provision grants broad powers to Provincial Courts to prohibit individuals, for 30 days, from possessing any or all the following:
- Firearm,
- crossbow,
- prohibited weapon,
- restricted weapon,
- prohibited device,
- ammunition,
- prohibited ammunition or
- explosive substance.
Section 110.1 (1) of the Criminal Code grants authority to anyone to apply for an Emergency Prohibition Order. To successfully apply for an Emergency Protection Order, a person must show:
“. . . 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 [which includes firearms and ammunition].”
A hearing under Section 110.1 (1) is also held exparte meaning it is held without the person present who the order is sought against.
An Emergency Protection Order can only be granted for a maximum period of 30 days. It can also be granted for less than 30 days.
Section 110.1 (2) authorizes Provincial Courts to hold the hearing in private, if the Provincial Court determines, “. . . it is necessary to protect the security of the applicant or of anyone known to the applicant.” This means an Emergency Protection Order hearing can happen without public or media access.
Once an Emergency Protection Order is issued, a Provincial Court Judge can issue a search warrant, on reasonable grounds, to search a house or place (such as a vehicle) for the items (including license and/or registration certificates prohibited by an Emergency Protection Order. The Provincial Court Judge can only issue this search warrant, if there are reasonable grounds to believe these prohibited items will be found in the building or place and belong to the person subject to the Emergency Protection Order.
In addition, once an Emergency Protection Order is issued, a peace officer (including police officers) to search a house or place for the items (including PALs and/or registration certificate(s)) prohibited by an Emergency Protection Order without a search warrant. A peace officer can only conduct a warrantless search if they believe, on reasonable grounds, items prohibited by the Emergency Protection Order will be found in the building or place (such as a vehicle) and belong to the person subject to the Emergency Protection Order.
Emergency Protection Orders can be challenged, but time is of the essence since these orders are short in duration.
You need to contact an experienced gun lawyer if you are served with a Criminal Code Emergency Protection Order because fast action is needed to get your firearms back. The experienced firearms lawyers at Davidson Gregory know the steps to get your guns back. Contact our team today.
2. Section 111 – Prohibition Orders
A peace officer, firearms officer, or chief firearms officer can apply for a Prohibition Order under section 111 of the Criminal Code. If a Prohibition order is granted, the person subject to the prohibition order cannot possess any or all the following:
- firearm (gun),
- crossbow,
- prohibited weapon,
- restricted weapon,
- prohibited device,
- ammunition,
- prohibited ammunition, or
Again, a Prohibition Order is granted if a Provincial Court Judge finds it is not desirable in the interests of the safety of the person subject to the prohibition order application or of any other person that the person subject to the prohibition order application not possess some or all the weapons outlined above (including guns and ammunition). Once the Prohibition Order is granted, a Provincial Court Judge can only prohibit the individual from possessing some or all the weapons (including guns and ammunition) above for a period no longer than 5 years.
Applications for Prohibition Orders are different from Emergency Protection Orders because the Applicant and the person subject to the Prohibition Order Application both have an opportunity to attend the Prohibition Order hearing and present evidence.
If you are served with a Prohibition Order Application, it is important you contact a firearms lawyer who understands how to navigate the Prohibition Order hearings to protect your firearms and gun license.
3. Section 117.0101 and 117.011 – Application for Emergency Limitations on Access Order and Application for Limitations on Access Order
Section 117.0101 and 117.011 are new ways lawful gun owners can have their guns taken by the state. This section is broad because it applies to gun owners who know individuals subject to a Prohibition Order or an Emergency Protection Order.
Section 117.0101 (1) grants anyone the authority to apply for an Emergency Limitations on Access Order. A section 117.0101 Application also occurs in the absence of the person subject to the application.
Similarly, section 117.011 (1) grants authority to peace officers, firearms officers, or chief firearms officers to apply for a Limitations on Access order. The Criminal Code deems all granted Emergency Limitations on Access Orders as Limitations on Access Orders under section 117.011.
An Emergency Limitations on Access Order is granted when 3 conditions are met. These 3 conditions are:
- The person against whom the order is sought cohabits with, or is an associate of, another person who is prohibited by any order made under this Act or any other Act of Parliament from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all such things;
- The other person would or might have access to any such thing that is in the possession of the person against whom the order is sought; and
- That an Emergency Limitations on Access Order should be granted without delay to ensure the immediate protection of any person.
A Limitations to Access Order is granted when these two conditions are met:
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- The person against whom the order is sought cohabits with, or is an associate of, another person who is prohibited by any order made under this Act or any other Act of Parliament from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all such things; and
- The other person would or might have access to any such thing that is in the possession of the person against whom the order is sought.
An Emergency Limitations on Access Order can only be granted for a period not exceeding 30 days and can impose any terms and conditions on the person’s use and possession of any firearm (gun), crossbow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance.
A Provincial Court Judge when granting an Emergency Limitations on Access Order, can require the person subject to the order to surrender anything subject to the order including any guns subject to the order.
A person subject to an Emergency Limitations on Access Order or a Limitations to Access Order can have the order revoked if they can satisfy the Court that the circumstances that formed the basis of issuing the order no longer exist.
Challenging an Emergency Limitations on Access Order or a Limitations on Access Order requires an experienced PAL lawyer. You need a lawyer who understands the complexities of gun laws to preserve your rights as a gun owner. The lawyers at Davidson Gregory are experienced gun lawyers who understand the complexities of firearms laws to help preserve your rights as a firearms owner.
Davidson Gregory Understand Firearms
The consequences of firearm prohibition orders can be devastating with long-term consequences for gun owners. Gun prohibition orders are often followed by the revocation of your firearms license. It is important to act fast when you receive these prohibition orders and to relentlessly fight them to prevent any long-lasting gun ownership consequences.
The firearm lawyers at Davidson Gregory have successfully defended clients all over the province from gun and firearms license seizures. They understand the intricacies of gun laws in Canada and tirelessly fight for their clients’ firearms. Contact the gun lawyers at Davidson Gregory today.
