Halsbury's Laws of Canada - Firearms, Weapons and Explosives / Fires

Description

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Firearms, Weapons and Explosives
Jonathan K. Brunet

In Canada, ownership and use of firearms, weapons and explosives is subject to regulation under municipal bylaws, provincial and federal statutes, and regulations. In addition to regulatory controls, criminal sanctions are imposed against persons who violate Criminal Code and Firearms Act provisions with respect to failing to use and register weapons as required. This title examines the Firearms Act in its entirety with respect to licensing and registration of firearms and discusses the Criminal Code sections creating offences and imposing sanctions against persons who use firearms, weapons and explosives. Also covered is the statutory and regulatory control of weapons and explosives. Topics include:

• Constitutional and Charter issues
• Licences, registration certificates and authorizations for firearms
• References and appeals
• Part III of the Criminal Code
• Sentencing considerations for firearms offences
• Legislative context for explosives and dangerous goods
• Rules governing the use of weapons and explosives

Fires
Erin A. MacKenzie

Laws to deal with the use, prevention and consequences of fire have existed almost as long as humankind's mastery of it. For today's lawyer, the impact of laws governing the enforcement of fire safety can be felt in any number of areas and on any number of files, from a matter of negligence or tort to a real estate transaction, criminal or by-law prosecution or nuisance claim. This title examines the regulatory framework for the use and prevention of fires in Canada. Discussing the law in each province and territory, it provides a straightforward explanation of matters such as:

• Powers and responsibilities of fire officials
• The role of fire safety councils or committees
• Fire emergencies
• Authority to enter premises
• Fire safety orders, inspections and enforcement
• Appeals
• Use of controlled fires in forests and elsewhere
• Criminal Code and other fire-related offences
• Civil liability

Features

• Enhanced contents
  • A general table of contents to the level of chapter headings
  • A detailed table of contents to the level of clause headings
  • Detailed sectional contents set out within the commentary for each chapter and section
• References and abbreviations -an alphabetical listing of special references and abbreviations used in the volume, with an explanation of their meaning
• Selected secondary sources -setting out selected texts, articles, and other secondary sources pertaining to the subjects that the reader may find to be relevant and helpful
• Glossary of definitions -identifying words and phrases defined in relevant legislation, and providing the text of the definition in each jurisdiction for easy reference. A valuable quick reference in a field marked by a wide variety of statutes promulgated across many jurisdictions

Plus

• Table of cases
• Table of statutes and statutory instruments
• List of related titles
• Index

Table of Contents

Firearms, Weapons and Explosives

I. Introduction
1. Scope of This Title
2. The Canadian Firearms Program
3. The Firearms Act and the Criminal Code
4. Definitions of Terms
II. The Firearms Act
1. Purpose
2. Constitutional and Charter Issues
3. Proclamation and Grace Periods
4. Application
5. Persons Appointed to Administer the Firearms Act
6. Licensing Requirements
7. Registration Certificates
8. Authorizations
9. General Considerations Respecting Licences, Registration Certificates and Authorizations
10. Businesses
11. References and Appeals
12. Offences
III. Provisions Under the Criminal Code Regarding Firearms, Weapons and Explosives
1. Introduction
2. Part III of the Criminal Code
3. Other Criminal Code Offences
4. Sentencing Considerations – Case Law
IV. Weapons, Explosives and Dangerous Goods
1. Legislative Context
2. Import and Export of Weapons and Explosives
3. Explosives Act
4. Legislation in Relation to Modes of Transportation
5. Conventions Respecting Explosions and Weapons
6. Nuclear Power
7. Mining and Other Underground Operations
8. Protection of Wildlife, Parks and Forests
9. Persons Authorized to Use Weapons in the Course of Their Employment
10. Prohibitions in Respect of Weapons and Explosives in Specific Locations
11. Miscellaneous Provisions

Fires

I. Fire Safety & Prevention
1. Officials and Other Persons
2. Deployment
3. Emergencies
4. Explosive Substances
II. Enforcement
1. Inspections
2. Fire Safety Orders
3. Appeal of Orders
III. Forests, Parks and Reserves
1. Fire Prevention
2. Enforcement
3. Controlled Fires
4. Permits
5. Fighting Fires
6. Costs Resulting From Fire
7. Offences
IV. Fire Investigations and Inquiries
1. Fire Investigations
2. Fire Inquiries
V. Offences
1. Criminal Code Offences and Penalties
2. Provincial Offences
3. Offences Under Legislation
4. Sanctions and Time Limits Regarding Non-Criminal Code Offences
VI. Civil Liability and Costs
1. Action or Proceedings Against Officials
2. Costs

Author/Contributor

Jonathan K. Brunet, B.A., LL.B. & Erin A. MacKenzie, B.Sc., LL.B., M.B.A.

Firearms, Weapons and Explosives

Jonathan K. Brunet, B.A., LL.B., is an Assistant Crown Attorney in Ottawa, Ontario, and a lecturer at the Law Faculty of the University of Ottawa, the Law Department of Carleton University and the Ontario Bar Admission Course.

Fires

Erin A. MacKenzie, B.Sc., LL.B., M.B.A., attended law school at Queen's University where she won several academic awards including the Osgoode Society for Legal History Prize and the McCarthy Tétrault LLP Prize for high academic standing. She practiced law as a litigation associate at the Toronto law firm of McCague Peacock Borlack McInnis & Lloyd LLP, until 2008. Her practice focused on serving the firm’s corporate and commercial clients, and included counsel work on complex commercial and environmental matters. In 2009, she obtained her Masters of Business Administration from the Richard Ivey School of Business, where she graduated on the Dean's Honour List. She is currently a management consultant in the Toronto office of an international consulting firm.

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