Section 109(1)(c)
The order is mandatory under s. 109(1)(c) where it involves certain drug offences under the CDSA (s.5(1) or (2) [trafficking], s. 6(1) or (2)[Importation], s. 7(1) [Production])
Specific Prohibitions
The judge, in making an order under s. 109, must specifically prohibit all weapons or devices that are enumerated in the section, consisting of a prohibition from possessing:
firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition and explosive substance
Duration
The first time that a s. 109 Order is granted for an accused there is a requirement of a minimum of 10 year prohibition 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.
109.
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Duration of prohibition order — first offence
(2) An order made under subsection
(1) shall, in the case of a first conviction for or discharge from the offence to which the order relates, prohibit the person from possessing
(a) any firearm, other than a prohibited firearm or restricted firearm, and any crossbow, restricted weapon, ammunition and explosive substance during the period that
(i) begins on the day on which the order is made, and
(ii) ends not earlier than ten years after the person’s release from imprisonment after conviction for the offence or, if the person is not then imprisoned or subject to imprisonment, after the person’s conviction for or discharge from the offence; and
(b) any prohibited firearm, restricted firearm, prohibited weapon, prohibited device and prohibited ammunition for life.
Duration of prohibition order — subsequent offences
(3) An order made under subsection
(1) shall, in any case other than a case described in subsection
(2), prohibit the person from possessing any firearm, cross-bow, restricted weapon, ammunition and explosive substance for life.
(4) In subparagraph (2)(a)(ii), release from imprisonment means release from confinement by reason of expiration of sentence, commencement of statutory release or grant of parole.
