Canadian Criminal Sentencing/Ancillary Orders/Weapons Prohibition Orders

Mandatory 109 Order
The 109 Order applies where at least one of the elements of s. 109(1)(a),(b),(c), or (d) applies.

The order is mandatory under s. 109(1)(a) where the offence is:
 * indictable;
 * involved violence (used, threatened or attempted) and
 * offence has maximum penalty of 10 years or more.

The order is mandatory under s. 109(1)(b) where the offence is:
 * criminal harassment (s.264); or
 * a weapon offence under s.85(1) or (2), 95(1), 99(1), 100(1), 102(1), 103(1)

The order is mandatory under s. 109(1)(c) where it involves certain drug offences under the CDSA (s.5(1) or (2), s. 6(1) or (2), s. 7(1))

The order is mandatory under s. 109(1)(d) where the offence:
 * involves a firearm, crossbow, prohibited weapon, restricted weapon, prohibited device, ammunition, or explosive substance, and
 * the offender was prohibited from possessing such items at the time of the offence

The first time that a s.109 Order is granted for an accused there is a requirement of a minimum of 10 year prohibitoin for firearms, crossbows, restricted weapons, ammo and explosives as well as a lifetime prohibition for prohibited firearms, restricted firearms, prohibited weapons, prohibited devices and prohibited ammunition.

All subsequent 109 orders must be a minimum prohibition of life for all items listed.

Section 109(1)(c) was found not to violate s. 12 of the Charter for Cruel and Unusual punishment for a production of cannabis conviction.

Discretionary 110 Order
The order is discretionary under s.110(1)(a) where the offence involves violence (used, threatened or attempted).

The order is also discretionary under s. 110(1)(b) where:
 * the offence involves a firearm, crossbow, prohibited weapon, restricted weapon, prohibited device, ammunition, or explosive substance, and
 * the offender was not prohibited from possessing such items at the time of the offence

To make the order under s. 110, the order must be in the interests of the safety of the accused and other members of the public. Should the judge decline a request for an order under s.110, the judge must give reasons for declining.

A order under s. 110 will impose a maximum of 10 years prohibiting the possession of firearms, crossbows, restricted weapons, ammunition, or explosives, prohibited weapons, prohibited devices, and prohibited ammunition. This does not include prohibited firearms or restricted firearms.

Variations
Section 113 has been found to provide the court with authority to apply to modify a weapons prohibition.