Section 109 and 110 Weapons Prohibition (Precedent): Difference between revisions
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{{seealso|Precedent}} | {{seealso|Precedent}} | ||
{{seealso|Weapons Prohibition Orders}} | |||
==Section 109== | ==Section 109== | ||
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{{TITLE|Order|(of Prohibition)<Br>Section 109 CC}} | {{TITLE|Order|(of Prohibition)<Br>Section 109 CC}} | ||
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{{I-Start}}'''BEFORE The Honourable [Judge/Justice]''' ____________________________;{{I-End}} | {{I-Start}}'''BEFORE The Honourable [Judge/Justice]''' ____________________________;{{I-End}} | ||
{{I-Start}}'''WHEREAS''' the offender, [name of offender], stands convicted of [list offences] in respect of one or more | {{I-Start}}'''WHEREAS''' the offender, [name of offender], stands convicted or discharged of [list offences] in respect of one or more offences referred to in s. 109(1) of the Code;{{I-End}} | ||
{{I-Start}}The Court is satisfied it is desirable in the interests of the safety of the offender or a person other than the offender that the offender not possess any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance. | {{I-Start}}The Court is satisfied it is desirable in the interests of the safety of the offender or a person other than the offender that the offender not possess any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance.{{I-End}} | ||
; The Court Orders: | ; The Court Orders: | ||
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:{{box}} (First conviction) | :{{box}} (First conviction) | ||
::(a) from possessing any prohibited firearm, restricted firearm, prohibited weapon, prohibited device or prohibited ammunition for life, and | ::(a) from possessing any prohibited firearm, restricted firearm, prohibited weapon, prohibited device or prohibited ammunition for life, and | ||
::(b) from possessing any other firearm or ammunition or any cross-bow, restricted weapon or explosive substance for a period beginning on | ::(b) from possessing any other firearm or ammunition or any cross-bow, restricted weapon or explosive substance for a period beginning on _____________________________, 20 _____ (''the date the court imposed the prohibition'') and ending _______ years after (''a minimum of 10 years'') | ||
court imposed the prohibition) and ending | ::: {{box}} the conviction(s) or discharge(s) for the offence(s). (''if the offender was not then imprisoned or subject to imprisonment'') | ||
: {{box}} the conviction(s) or discharge(s) for the offence(s). (if the offender was not then | ::: {{box}} the offender’s release from imprisonment. | ||
imprisoned or subject to imprisonment) | : {{box}} (Subsequent conviction) | ||
{{box}} the offender’s release from imprisonment. | ::from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition or explosive substance for life. | ||
: {{box}} (Subsequent conviction) from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition or explosive substance for life.<br> | <br> | ||
2. And that the offender surrender any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance in the respondent’s possession and any authorization, | 2. And that the offender surrender any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance in the respondent’s possession and any authorization, | ||
license or registration certificate the respondent has for any of the prohibited things to | license or registration certificate the respondent has for any of the prohibited things to ____________________, (''a peace officer, firearms officer or chief firearms officer'') within __________ days. | ||
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{{DATED}} | {{DATED}} | ||
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{{InternalCode}} | {{InternalCode}} | ||
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==Section 110== | |||
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{{TITLE|Order|(of Prohibition)<Br>Section 110 CC}} | |||
{{I-Start}}'''BEFORE The Honourable [Judge/Justice]''' ____________________________;{{I-End}} | |||
{{I-Start}}'''WHEREAS''' the offender, [name of offender], stands convicted of [list offences] in respect of one or more offences referred to in s. 110(1) of the Code;{{I-End}} | |||
{{I-Start}}The Court is satisfied it is desirable in the interests of the safety of the offender or a person other than the offender that the offender not possess any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance. | |||
; The Court Orders: | |||
1. that the offender be prohibited from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance for a period beginning on _____________________ , 20___ and ending ________________ years after | |||
::{{box}} the conviction(s) or discharge(s) for the offence(s). (''if the offender was not then imprisoned or subject to | |||
imprisonment'') | |||
::{{box}} the offender’s release from imprisonment. | |||
2. that the offender surrender any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance in the offender’s possession and any authorization, license or registration certificate the offender has for any of the prohibited things to ____________________________________________, within ____________ days. | |||
{{DATED}} | |||
{{JudicialSignature}} | |||
{{InternalCode}} | |||
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==See Also== | ==See Also== | ||
* [https://courts.ns.ca/Provincial_Court/documents/nspc_Order_of_Prohibition_02_01.pdf draft | * [https://courts.ns.ca/Provincial_Court/documents/nspc_Order_of_Prohibition_02_01.pdf draft 109 order NS], [https://courts.ns.ca/Provincial_Court/documents/25.1-OrderProhibition-Aug2014.pdf draft 110 order] | ||
Revision as of 23:30, 16 January 2025
All forms, templates and precedents, including anything found on this page, can be used without the need for any attribution. |
Section 109
Order
(of Prohibition)
Section 109 CC
BEFORE The Honourable [Judge/Justice] ____________________________;
WHEREAS the offender, [name of offender], stands convicted or discharged of [list offences] in respect of one or more offences referred to in s. 109(1) of the Code;
The Court is satisfied it is desirable in the interests of the safety of the offender or a person other than the offender that the offender not possess any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance.
- The Court Orders
1. that the offender be prohibited
- ☐ (First conviction)
- (a) from possessing any prohibited firearm, restricted firearm, prohibited weapon, prohibited device or prohibited ammunition for life, and
- (b) from possessing any other firearm or ammunition or any cross-bow, restricted weapon or explosive substance for a period beginning on _____________________________, 20 _____ (the date the court imposed the prohibition) and ending _______ years after (a minimum of 10 years)
- ☐ the conviction(s) or discharge(s) for the offence(s). (if the offender was not then imprisoned or subject to imprisonment)
- ☐ the offender’s release from imprisonment.
- ☐ (Subsequent conviction)
- from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition or explosive substance for life.
2. And that the offender surrender any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance in the respondent’s possession and any authorization,
license or registration certificate the respondent has for any of the prohibited things to ____________________, (a peace officer, firearms officer or chief firearms officer) within __________ days.
DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.
___________________________________________
Judge/Justice of [level of court]
[Internal File Coding]
Section 110
Order
(of Prohibition)
Section 110 CC
BEFORE The Honourable [Judge/Justice] ____________________________;
WHEREAS the offender, [name of offender], stands convicted of [list offences] in respect of one or more offences referred to in s. 110(1) of the Code;
The Court is satisfied it is desirable in the interests of the safety of the offender or a person other than the offender that the offender not possess any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance.
- The Court Orders
1. that the offender be prohibited from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance for a period beginning on _____________________ , 20___ and ending ________________ years after
- ☐ the conviction(s) or discharge(s) for the offence(s). (if the offender was not then imprisoned or subject to
imprisonment)
- ☐ the offender’s release from imprisonment.
2. that the offender surrender any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance in the offender’s possession and any authorization, license or registration certificate the offender has for any of the prohibited things to ____________________________________________, within ____________ days.
DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.
___________________________________________
Judge/Justice of [level of court]
[Internal File Coding]