Prohibition Violations

Breaching a prohibition order under Section 117.01 of the Criminal Code involves possessing a firearm or weapon despite being prohibited by an order. As a hybrid offence, it can lead to significant penalties, with a maximum of 10 years in prison if proceeded by indictment.


Section 117.01 of the Criminal Code governs breaches of prohibition orders. It is illegal to possess a firearm or another weapon if prohibited from doing so by an order. Such orders may be issued as a result of a prior criminal conviction or a history of violent or dangerous behaviour. In addition to firearms, other weapons include cross-bows, ammunition or explosive substances. There are certain exceptions to this offence, such as possession of a firearm in accordance with an authorization or a license. This is a hybrid offence, which means that the Crown can elect to proceed by way of indictment or summarily. If the Crown proceeds by way of indictment, the maximum term of incarceration is 10 years, whereas a summary conviction results in reduced penalties.

Criminal

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