Category: Gun Rights, Disarmament

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Parliament Revisiting Amendments For Sweeping Bans On Rifles And Shotguns

Hearings are ongoing in Parliament over another gun grab, but first, some backstory:

Bill C-21 was reintroduced in November 2021. To a large extent, it was a rehash of its predecessor (also called Bill C-21), which died when the 2021 Federal election was called.

The new iteration of Bill C-21 would still create red-flag and yellow-flag laws, among other restrictions. It would go further, and ban transfers and sales of handguns outright.

Apparently, the Federal Government didn’t want to wait for Bill C-21 to pass, or take the chance it wouldn’t, so handgun transfers were banned by regulatory change back in October 2022. This was O.I.C. 2022-1144.

Keep in mind, this wasn’t the first gun grab in recent history. O.I.C. 2020-0298 banned over 1,500 models of firearms on May 1, 2020. That was done without any debate, nor regard to logic or consistency as to which types would qualify. It’s currently being challenged in Federal Court.

But this Bill didn’t go far enough. In late 2022, amendments to Bill C-21 were added on, without any real debate as they were done at the conclusion of Parliament’s hearings. From the Manitoba Lodges & Outfitters Association:

Amendment G-4 would change physical requirements of non-prohibited guns so that many more would qualify, including:

  • Projectiles (bullets) discharged with 10,000 Joules of energy or more
  • Bores with a diameter of 20 mm or greater
  • Rifles/shotguns capable of accepting magazines greater than 5 bullets, regardless of what the firearms were actually designed for

Amendment G-46 would have converted many more specific models of rifles and shotguns into “prohibited weapons”, meaning that they could never be sold or transferred again.

This didn’t sit well with the public. Both the wide range of models, and underhanded nature of doing this last minute seemed to circumvent the legislative process.

The amendments were dropped — at least for the time being — but the story doesn’t end there.

A group of 7 members of that Committee requested wanted to rehear witnesses over the G-4 amendments. The Committee sat on December 13, 2022.

Now we get to the current state of affairs.

Hearings continued in February and March of 2023. If the Government had wanted these changes, then they should have been debated in the Fall of 2022.

As of the time of writing this, no decision has been made about the fate of the G-4 and G-46 amendments.

Even if the amendments were to be reinstated, there is no guarantee that Bill C-21 would pass Third Reading in the House of Commons. This is especially true given recent election speculation. Beyond that, no one knows for sure what would happen in the Senate.

To restate the obvious: none of this does anything to prevent gun crime, which politicians constantly rail against. It just makes it harder for people to legally own firearms, and maybe disarmament is the goal.

(1) https://www.parl.ca/legisinfo/en/bill/44-1/c-21
(2) https://canucklaw.ca/bill-c-21-reintroduced-legislation-to-whittle-away-gun-rights/
(3) https://orders-in-council.canada.ca/index.php?lang=en
(4) https://orders-in-council.canada.ca/attachment.php?attach=42706&lang=en
(5) https://orders-in-council.canada.ca/attachment.php?attach=39208&lang=en
(6) https://www.ourcommons.ca/Committees/en/SECU/StudyActivity?studyActivityId=11814165
(7) https://mloa.com/wp-content/uploads/2022/12/G-46-e.pdf
(8) https://mloa.com/wp-content/uploads/2022/12/20221122-C-21-Amendment-G4.pdf
(9) https://www.ourcommons.ca/DocumentViewer/en/44-1/SECU/meeting-54/notice
(10) https://www.ourcommons.ca/Committees/en/SECU/StudyActivity?studyActivityId=11988263
(11) https://www.ourcommons.ca/DocumentViewer/en/44-1/SECU/meeting-54/evidence
(12) https://www.ourcommons.ca/Committees/en/SECU/StudyActivity?studyActivityId=12045393

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Federal Court Streaming Challenges To 2020 Order In Council And Gun Grab

The Federal Court of Canada is hearing 6 challenges to the May 1, 2020 Order In Council, which instantly converted some 1,500 types of firearms to “prohibited”.

People wanting to attend virtually can. The registration link is available to all, but the usual broadcasting prohibitions apply.

(1) Cassandra Parker et al. v. Attorney General of Canada et al.
Case Number: T-569-20
Filed May 26, 2020

(2) Canadian Coalition for Firearms Rights et al. v. Attorney General of Canada et al.
Case Number: T-577-20
Filed May 26, 2020

(3) John Hipwell v. Attorney General of Canada et al.
Case Number: T-581-20
Filed May 27, 2020

(4) Michael John Doherty et al. v. Attorney General of Canada et al.
Case Number: T-677-20
Filed: June 29, 2020

(5) Christine Generoux et al. v. His Majesty The King et al.
Case Number:T-735-20
Filed: July 10, 2020

(6) Jennifer Eichenberg, David Bot, Leonard Walker et al. v. Attorney General of Canada et al.
Case Number: T-905-20
Filed: August 11, 2020

The hearings started on Tuesday, April 11th, and are expected to finish up next week. Given that these cases cover essentially the same material, they’ll all be decided together.

So far, the Applicants have been focusing on a few concepts: (a) definitions of words are vague or missing; and (b) the choices of which firearms to prohibit are not consistent or logical.

For anyone interesting in searching the case histories, or to order more documents, the information is available for Federal cases.

Expect and update soon with attached documents.

(1) https://orders-in-council.canada.ca/attachment.php?attach=39208&lang=en
(2) https://www.fct-cf.gc.ca/en/court-files-and-decisions/hearing-lists
(3) https://www.fct-cf.gc.ca/en/court-files-and-decisions/court-files#cont
(4) https://www.fct-cf.gc.ca/en/court-files-and-decisions/hearings-calendar

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Alberta Firearms Act, Bill 8, Also Backdoored And Worthless

A month ago, the Alberta Government introduced Bill 8, the Alberta Firearms Act. This was sold as a protective measure to keep the Federal Government (or Trudeau, more specifically) from further encroaching on the gun rights of legal owners.

It was presented as a way to circumvent a 2020 Order-In-Council that made some 1,500 models of firearms “prohibited” overnight. Alberta wouldn’t play along with the gun grab that was to result from it.

Bill 8, which is widely expected to become law in the near future. It has passed Third Reading, and is awaiting Royal Assent. (See archive.)

Tyler Shandro, who is now the Minister of Justice and Attorney General, has been hyping up the legislation. He’s a bizarre choice, to be blunt. During his time as Health Minister, he was famous for imposing lockdown measures, and punishing people who dared to resist.

However, despite all the public attention this firearms piece gets, this legislation isn’t anywhere close to what its being presented as.

Here are some highlights:

Section 8 gives the Province the right to act as a seizure agent, or to contract out with a company to hire seizure agents.

Section 9 gives the Minister the right to impose conditions of licencing.

Section 10 requires seizure agents to be licensed.

Section 11 sets out a compensation scheme for seized firearms and ammunition.

Section 12 gives the Minister the power to set out a program for forensic and ballistic testing of firearms that are seized.

Section 13 establishes penalties for seizure agents who fail to comply with their licencing and other requirements.

Section 14 makes directors of corporations liable if they were in any way involved in the decision making process which led to violations of the Act.

Now, before anyone thinks that this will somehow protect gun owners, here’s what can be changed by regulation. This means changed without debate.

Regulations
15 The Lieutenant Governor in Council may make regulations
(a) establishing types or classes of licences;
(b) prescribing types or classes of firearms, ammunition, accessories and parts in respect of which this Part and the regulations made under this Part apply;
(c) prescribing persons or classes of persons who are required to hold a licence;
(d) prescribing persons or classes of persons who are not required to hold or are prohibited from holding a licence;
(e) prescribing activities that licensees are authorized to carry out and prohibiting the carrying out of those activities without a licence;
(f) respecting the powers, duties and functions of licensees;
(g) respecting applications for the issuance and renewal of licences;
(h) respecting application fees, including regulations
(i) authorizing the Minister to charge application fees, and
(ii) fixing the amount of those fees;
(i) respecting the requirements that must be met for the issuance or renewal of licences;
(j) respecting the circumstances in which the Minister may refuse to issue or renew licences;
(k) respecting terms and conditions that the Minister may impose on licences;
(l) respecting the term of licences;
(m) respecting the amendment, suspension and cancellation of licences;
(n) respecting the requirement to return expired, suspended, cancelled or otherwise invalid licences;
(o) respecting requirements that licensees must meet as a condition of holding a licence;
(p) respecting records and other documents that licensees are required to keep for the purposes of this Part and the manner in which such records and documents are to be kept;
(q) respecting the prohibition, regulation and control of advertising by licensees;
(r) respecting complaints relating to licensees;
(s) respecting inspections and investigations relating to licensees, including regulations
(i) authorizing the Minister to appoint inspectors and investigators,
(ii) prescribing the circumstances in which inspections and investigations may be or are required to be carried out,
(iii) respecting the powers, duties and functions of inspectors and investigators,
(iv) respecting procedural and evidentiary matters relating to inspections and investigations,
(v) respecting the production of records, documents, objects and information, and
(vi) respecting entry and searches of premises;
(t) respecting the seizure by licensees of firearms, ammunition, accessories and parts;
(u) respecting the rights of persons from whom firearms, ammunition, accessories and parts are seized to make
written representations;
(v) respecting the transportation by licensees of seized firearms, ammunition, accessories and parts;
(w) respecting the storage by licensees of seized firearms, ammunition, accessories and parts;
(x) respecting the modification, destruction and deactivation by licensees of seized firearms, ammunition, accessories and parts;
(y) respecting identification and uniforms for licensees;
(z) respecting safety requirements for licensees;
(aa) respecting the reporting of incidents involving the use of force or other unusual interventions;
(bb) respecting the establishment, implementation and operation of a compensation program;
(cc) respecting the payment of compensation, including regulations respecting the circumstances in which
compensation is payable and by whom it is payable;
(dd) respecting the factors to be considered for the payment of compensation;
(ee) respecting the determination of the fair market value of firearms, ammunition, accessories and parts for the
purposes of the payment of compensation, including regulations respecting methods to be used to determine
fair market value;
(ff) respecting information and documents that the Chief Firearms Officer may request for the purposes of determining the fair market value of firearms, ammunition, accessories and parts;
(gg) respecting firearms compensation committees, including regulations respecting
(i) the establishment and composition of firearms compensation committees,
(ii) the reimbursement of members of firearms compensation committees for expenses, and
(iii) the powers, duties and functions of firearms compensation committees;
(hh) respecting exemptions from the requirement to pay compensation or circumstances in which the payment of
compensation is prohibited;
(ii) respecting the establishment, implementation and operation of a testing program;
(jj) respecting the submission of seized firearms, ammunition, accessories and parts to a testing program;
(kk) respecting the forensic and ballistic testing of seized firearms, ammunition, accessories and parts;
(ll) respecting the designation by the Chief Firearms Officer of approved testing facilities;
(mm) respecting the powers, duties and functions of approved testing facilities;
(nn) respecting the powers, duties and functions of the Chief Firearms Officer and the Minister for the purposes of this Part;
(oo) prescribing provisions of this Part or the regulations made under this Part or terms and conditions of licences for the purposes of section 13(2);
(pp) prescribing penalties for the purposes of section 13(2).

Federally, and soon in Saskatchewan as well, there are provisions that circumvent the democratic process. If basic rights can be “altered” by regulation changes, then nothing is secure.

Scott Moe and Danielle Smith are implementing much the same thing they criticize Trudeau about.

As with the Saskatchewan Act, the provision allowing for regulation changes on documentation and record keeping leave open the possibility of a new gun registry emerging from this.

Section 15 of the Alberta Act, Section 6-8 of the Saskatchewan Act, and Section 117 Federally all serve the same purpose. They allow firearms “rights” to be gutted by regulation changes, and without democratic debate or mandate.

Section 16 states that a municipality or police force must abide by these regulations before entering into any agreement with the Canadian Government, or accepting any funding.

Section 17 gives the Crown, the Minister, the Chief Firearms Officer, a firearms officer, a member of a firearms compensation committee or any employee of the Crown protection against legal action.

Section 18 goes through another (albeit shorter) list of regulatory changes that the Lieutenant Governor in Council can make. Again, no vote in Parliament would be needed for this.

(a) prescribing enactments of Canada for the purposes of section 1(g)(ii);
(b) prescribing other responsibilities of the Chief Firearms Officer for the purposes of section 3(j);
(c) prescribing matters for the purposes of section 5(1)(b);
(d) prescribing requirements that must be met for the purposes of section 16;
(e) respecting the collection, use and disclosure of information, including personal information, for the purposes of this Act and the regulations;
(f) respecting the confidentiality of information collected under or for the purposes of this Act and the regulations;
(g) respecting the exemption from the application of all or any provision of this Act or the regulations of
(i) any person or class of persons, and
(ii) any firearm, ammunition, accessory or part or class of firearms, ammunition, accessories or parts;
(h) varying the application of all or any provision of this Act or the regulations to
(i) any person or class of persons, and
(ii) any firearm, ammunition, accessory or part or class of firearms, ammunition, accessories or parts;
(i) defining, for the purposes of this Act, any word or phrase used but not defined in this Act;
(j) respecting any other matter or thing that the Lieutenant Governor in Council considers necessary to carry out the purposes of this Act.

As with both the Federal and Saskatchewan Acts, there’s a clause (j) that allows for pretty much anything else that’s “considered necessary”, but without defining what that is.

About (e), what are the limits of “respecting the collection, use and disclosure of information, including personal information, for the purposes of this Act and the regulations”? That’s also undefined. Again, all of this can be changed without a vote in the Legislature.

(g) leaves open the possibility of declaring entire classes of firearms to be prohibited.

An observation: the Alberta and Saskatchewan Acts are written with wording that is nearly identical in many cases. Perhaps the same people wrote both documents.

This is yet another Bill that sounds great when it’s announced, but that really needs to be carefully read by constituents.

(1) https://www.assembly.ab.ca/assembly-business/
(2) https://www.assembly.ab.ca/assembly-business/bills/bill?billinfoid=11997&from=bills
(3) https://docs.assembly.ab.ca/LADDAR_files/docs/bills/bill/legislature_30/session_4/20221129_bill-008.pdf
(4) Alberta Firearms Act Full Text
(5) https://twitter.com/ABDanielleSmith/status/1634596199130083328
(6) https://twitter.com/shandro/status/1634364239338151936
(7) https://orders-in-council.canada.ca/attachment.php?attach=39208&lang=en
(8) https://canucklaw.ca/canada-firearms-act-and-other-backdoored-legislation/
(9) https://canucklaw.ca/saskatchewan-firearms-act-bill-117-backdoored-and-worthless/

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Saskatchewan Firearms Act, Bill 117, Backdoored And Worthless

Saskatchewan Premier, Scott Moe, is making a big deal out of Bill 117, the Saskatchewan Firearms Act. It was introduced last December and has now passed Second Reading, with N.D.P. support. This is hailed as a way to protect gun owners from Ottawa. But, are things as they appear to be?

Keep in mind, Moe is the same monster who brought lockdowns, business closures, mask mandates and vaccine passports to Saskatchewan. This was less than 2 years ago. Remember how he decided the time for patience was over? Remember how Discount Bond Villain wanted to make things “less comfortable” for the unvaccinated?

Is this the person we should trust with our freedoms?

Moe is trying to portray himself as a hero of the people, saying Saskatchewan will not help in any way to enforce the gun grab from the May 2020 Order In Council. The stated purpose of this new Firearms Act is to create a separate system from Ottawa, one that can’t be abused.

Of course, any legislation in Saskatchewan can be viewed online at any time. While not exhaustive, here are some of the major points to consider.

Read the full text to ensure nothing is taken out of context:

3-1 explains what this really is. Saskatchewan is essentially setting up an additional firearms license, just a Saskatchewan version. If a person: (a) has a valid PAL/RPAL; and (b) is a Saskatchewan resident, they are deemed to have a Provincial license.

3-2(1) states that a firearms license will be revoked upon conviction of a number of criminal offenses.

3-3 through 3-12 list activities that are prohibited such as unauthorized possession, use, pointing of a firearm, illicit transport, import or export. These are already Criminal Code violations, and illegal anyway.

3-16 outlines the penalties for Section 3 violations, which can be up to 6 months in jail, and fines of $5,000 (individual) and up to $20,000 (for a corporation).

3-17 and 3-18 get into “alternative measures” for violations, and this could be considered parallel to diversion programs offered in Criminal Court. Resolutions include paying fees and taking classes.

Section 4 covers seizure agents, and the requirements to become one. It also gets into the rules and responsibilities once a person becomes an agent. The fact that it’s so detailed can make one wonder how broadly Saskatchewan will be seizing residents’ firearms.

5-3 through 5-6 specify that guns which are seized for enforcing laws, “fair market value” is to be provided. Note: it doesn’t prevent guns from being seized, but just imposes some minimal level of compensation.

5-7(2) prevents residents from commencing any form of litigation against members of this Firearms Compensation Committee. It’s an indemnification clause.

5-8 makes mandatory forensic and ballistic testing for firearms that are seized for criminal history. It’s written as “forensic and ballistic”, suggesting that there may be several different tests that are performed.

5-9 provides the option of forensic and ballistic testing when weapons are seized for other reasons.

5-10 gives the firearm owner the results of any forensic and ballistic testing that has been performed. Nice to see a bit of transparency added in there.

5-11 delays the destruction or deactivation of any firearm until the owner has received notice under 5-10.

6-1 is a way to both limit the cooperation that local police officers or municipalities have with the Government of Canada, as well as accepting financing. Presumably, this is how the “defunding” aspect will work.

6-2(1) gives the Minister broad powers to authorize people to commence investigations to ensure the Act is complied with

6-2(2) defines the scope at which authorized persons may investigate others. And 6-2(2)(d) is rather vague, stating:

(d) any property or assets of or things owned, acquired or alienated in whole or in part by the person being investigated or by any person acting on behalf of or as agent for the person being investigated.

6-2(3) states that the person(s) being investigated have to provide answers, meaning that this isn’t optional.

6-4 gives the Provincial Courts explicit authority to issue search warrants.

6-5 makes it mandatory to generate copies of documents examined during investigation.

6-6(1) list the penalties for obstruction, which can be up to 6 months in jail, and fines of $5,000 (individual) and up to $20,000 (for a corporation).

And, in case you believe you’ve been wronged in some way….

Immunity
6-7 No action or proceeding lies or shall be commenced against the Crown, the minister, the chief firearms officer, a firearms officer, the commissioner or any employee of the Crown if that person is acting pursuant to the authority of this Act or the regulations for anything in good faith done, caused or permitted or authorized to be done, attempted to be done or omitted to be done by that person or by any of those persons pursuant to or in the exercise or supposed exercise of any power conferred by this Act or the regulations or in the carrying out or supposed carrying out of any responsibility imposed by this Act or the regulations.

All too common in most legislation is a provision to indemnify the institution, and any actors involved. How would one ever prove bad faith?

Now we get to the worst part:

Regulations
6-8 The Lieutenant Governor in Council may make regulations:
(a) defining, enlarging or restricting the meaning of any word or expression used in this Act but not defined in this Act;
(b) exempting any person or class of persons from this Act or any provisions of this Act;
(c) prescribing offences for the purposes of subsection 3-2(1);
(d) prescribing persons or classes of persons for the purposes of subsection3-3(2);
(e) prescribing the form of an order for the purposes of section 3-18;
(f) for the purposes of section 4-1:
(i) prescribing any law as a specified law; and
(ii) exempting any law as a specified law;
(g) excluding any person or class of person from the definition of a seizure agent for the purposes of subsection 4-1(2);
(h) for the purposes of Part 4:
(i) respecting the issuing, renewing, amending, suspending and cancelling of licences;
(ii) respecting information to be provided to the minister by a licensee or an applicant for a licence;
(iii) requiring the payment of fees for the issuance or renewal of licences and prescribing amounts and terms of payment;
(iv) prescribing a code of ethical conduct for persons licensed pursuant to that Part;
(v) prescribing any additional standards, qualifications and training required to obtain a licence;
(vi) respecting the keeping of records and data, including the protection of privacy;
(vii) prescribing any new terms and conditions of a licence;
(i) prescribing additional factors for the purposes of subsection 5-6(1);
(j) prescribing requirements for the forensic and ballistic testing of the firearm for the purposes of subsection 5-9(3);
(k) prescribing requirements for an approved testing facility for the purposes of section 5-12;
(l) prescribing any matter or thing required or authorized by this Act to be prescribed in the regulations;
(m) respecting any other matter or thing that the Lieutenant Governor in Council considers necessary to carry out the intent of this Act.

That last part, (m) means that virtually anything else can be changed as well. The importance of this cannot be understated.

This is what it means to be “backdoored”: virtually anything in the Saskatchewan Firearms Act can be changed by the Lieutenant Governor in Council, without democratic debate. This is very similar to Section 117 of the Canada Firearms Act

As per the earlier comment, it’s interesting (or perhaps a coincidence), that it’s Saskatchewan Bill 117. This is because Section 117 of the Federal version is what allows the Governor in Council to make unilateral changes.

Regarding Section 68(h)(vi), and the phrase: “respecting the keeping of records and data, including the protection of privacy”, one can’t help but wonder if this could be the basis of a backdoor gun registry.

If there is something positive in Bill 117, it seems that at least gun owners would need to be paid fair price for their weapons once they’re confiscated.

(1) https://twitter.com/PremierScottMoe/status/1643423488168931330
(2) https://www.legassembly.sk.ca/
(3) https://www.legassembly.sk.ca/legislative-business/bills/
(4) https://www.legassembly.sk.ca/media/1398/progress-of-bills.pdf
(5) Saskatchewan Legislature Progress Of Bills
(6) Saskatchewan Firearms Act 2022
(7) https://orders-in-council.canada.ca/attachment.php?attach=39208&lang=en
(8) https://canucklaw.ca/canada-firearms-act-and-other-backdoored-legislation/
(9) https://www.laws-lois.justice.gc.ca/eng/acts/f-11.6/FullText.html

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Canada Firearms Act, And Other Backdoored Legislation

Most people think that substantial changes to existing legislation happen with the introduction of new Bills. While this is true, it’s not the full picture. Regulations within that area can be unilaterally changed by an Order In Council.

One such Act is the Canadian Firearms Act. Section 117 allows major changes to be made by the Governor in Council, which bypasses Parliamentary debate. In recent years, several Orders have turned gun rights on their head.

It might be fair to say that legislation covers broad outlines of what is going to happen, while regulations are the specifics of the policies.

As an example, Part “L” gives the Governor in Council power to make unilateral changes:

[For certain classes of people]
(l) regulating the storage, handling, transportation, shipping, acquisition, possession, transfer, exportation, importation, use and disposal or disposition of firearms, prohibited weapons, restricted weapons, prohibited devices, prohibited ammunition and explosive substances

[Overall]
(m) regulating the keeping, transmission and destruction of records in relation to firearms, prohibited weapons, restricted weapons, prohibited devices and prohibited ammunition;

Other sections related to ranges, clubs, gun shows, sales and transfers of restricted and prohibited weapons, among many different things.

There’s really no need to ban firearms if the laws can be rewritten in such a way that makes gun ownership impractical, if not impossible. If they cannot be imported, they cannot be purchased. If they are suddenly “prohibited” to own, they can never be transferred, sold, or passed down.

There’s nothing wrong with minor changes, or appointing bureaucrats by an Order. That’s quite fine. However, this isn’t what this piece is about.

O.I.C. 2020-0298 (May 1, 2020) suddenly turned some 1,500 models of firearms into prohibited weapons, meaning that they couldn’t be transferred ever again. There seemed to be no logic or consistency in what standards were applied in making the determinations of what qualified.

O.I.C. 2021-0599 (June 17, 2021) put in place new background check information requirements, including fuller disclosure on certain behaviours and police interactions. While the previous form asked for information about the previous 5 years, the new forms covered the applicant’s entire life.

O.I.C. 2022-0447 (April 29, 2022) changed what information had to be kept by gun stores, and was effectively a backdoor gun registry for non-restricted and non-prohibited weapons.

O.I.C. 2022-1144 (October 20, 2022) banned sales and transfers of handguns altogether. Now, it wouldn’t kick in for a few weeks, but if a transfer hadn’t at least been initiated, it would no longer be possible to do so.

For reference, Section 12 of the Export and Import Permits Act also allows the Governor in Council to make changes in regulations that wouldn’t specifically need to be approved by Parliament.

This isn’t to say that all O.I.C. are necessarily bad or intrusive. For example, various amnesties have been issued which would have prevented gun owners from becoming criminals as regulations changed.

But when laws are changed with a signature, on the pretense that certain groups of people can’t be trusted, it’s difficult to see this as anything other than spite or intentional.

Worse, given the inconsistency of how things are applied, this can’t be good faith.

  • Bill C-75 reduced the penalties for terrorism offences
  • Bill C-75 also cut criminal penalties for many child sex offences
  • Bill C-238 was defeated, which would have increased punishment if a gun was obtained in the commission of a crime
  • Bill C-5 would eliminate mandatory prison sentences for many serious gun crimes

All of the above came from the Trudeau Government.

One has to ask: what’s the goal here? Chaos? Anarchy? Disarmament? If there was a uniform hardline approach to crime, punishment, and guns, that would be much more understandable. If there was an overall permissiveness, that might be explained. Instead, we have an approach that puts the screws to law-biding gun owners. It does nothing to prevent crime from happening.

And the backdoored legislation — like the Firearms Act — permits exactly this to happen. There’s no need to ban anything when it can be regulated out of existence.

Anyhow, these are just some thoughts on the issue. We don’t really have rights if significant details can be changed with a signature, and without any referendum or democratic mandate.

(1) https://www.laws-lois.justice.gc.ca/eng/acts/f-11.6/FullText.html
(2) https://orders-in-council.canada.ca/
(3) https://laws-lois.justice.gc.ca/eng/acts/E-19/

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Bill C-5: Eliminating Mandatory Sentences For Serious Gun Crimes

Canada’s Bill C-5 is a piece of legislation has been rightfully criticized as gutting the strength of crimes involving firearms. While this is true, it’s quite shocking to see the actual details.

Comparing the current version of the Criminal Code versus the changes being pushed, it’s unsettling. Punishments for some of the most serious offences are being gutted.

Here’s a look at some of the changes that would be made.

Using firearm in commission of offence
.
85 (1) Every person commits an offence who uses a firearm, whether or not the person causes or means to cause bodily harm to any person as a result of using the firearm,
.
(a) while committing an indictable offence, other than an offence under section 220 (criminal negligence causing death), 236 (manslaughter), 239 (attempted murder), 244 (discharging firearm with intent), 244.2 (discharging firearm — recklessness), 272 (sexual assault with a weapon) or 273 (aggravated sexual assault), subsection 279(1) (kidnapping) or section 279.1 (hostage taking), 344 (robbery) or 346 (extortion);
.
(b) while attempting to commit an indictable offence; or
(c) during flight after committing or attempting to commit an indictable offence.
.
Marginal note: Using imitation firearm in commission of offence
.
(2) Every person commits an offence who uses an imitation firearm
(a) while committing an indictable offence,
(b) while attempting to commit an indictable offence, or
(c) during flight after committing or attempting to commit an indictable offence,
.
whether or not the person causes or means to cause bodily harm to any person as a result of using the imitation firearm.
.
Marginal note: Punishment
.
(3) Every person who commits an offence under subsection (1) or (2) is guilty of an indictable offence and liable
.
(a) in the case of a first offence, except as provided in paragraph (b), to imprisonment for a term not exceeding fourteen years and to a minimum punishment of imprisonment for a term of one year; and
.
(b) in the case of a second or subsequent offence, to imprisonment for a term not exceeding 14 years and to a minimum punishment of imprisonment for a term of three years.

Under the current version of the Criminal Code, a person faced a minimum of a year in prison (for a first offence), and 3 years (for subsequent offences). While this is still pretty lenient, there were at least minimums. This applies to:

  • s.220 (criminal negligence causing death)
  • s.236 (manslaughter)
  • s.239 (attempted murder)
  • s.244 (discharging firearm with intent)
  • s.244.2 (discharging firearm — recklessness)
  • s.272 (sexual assault with a weapon)
  • s.273 (aggravated sexual assault),
  • s.279(1) (kidnapping)
  • s.279.1 (hostage taking)
  • s.344 (robbery)
  • s.346 (extortion)

However, s.85(3) would be rewritten to remove the minimum terms, and simply replace them with 14 year maximums. Not only are the minimums removed, but another part of the Bill changes the rules surrounding conditional sentencing (house arrest) for serious crimes.

It’s worth pointing out that there doesn’t seem to be much of a distinction between a crime committed using a real firearm v.s. one where a replica is used. Makes sense, as it wouldn’t really matter to the victims, if they believed it to be real.

Reasonable people can disagree on how widespread minimum sentencing should be. That said, there are offences where it needs to exist, just to have some sense of law and order.

Possession of firearm knowing its possession is unauthorized
.
92 (1) Subject to subsection (4), every person commits an offence who possesses a prohibited firearm, a restricted firearm or a non-restricted firearm knowing that the person is not the holder of
.
(a) a licence under which the person may possess it; and
(b) in the case of a prohibited firearm or a restricted firearm, a registration certificate for it.
.
Marginal note: Possession of prohibited weapon, device or ammunition knowing its possession is unauthorized
.
(2) Subject to subsection (4), every person commits an offence who possesses a prohibited weapon, a restricted weapon, a prohibited device, other than a replica firearm, or any prohibited ammunition knowing that the person is not the holder of a licence under which the person may possess it.
.
Marginal note: Punishment
.
(3) Every person who commits an offence under subsection (1) or (2) is guilty of an indictable offence and liable
(a) in the case of a first offence, to imprisonment for a term not exceeding ten years;
(b) in the case of a second offence, to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of one year; and
(c) in the case of a third or subsequent offence, to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of two years less a day.

For possession of a firearm (where it’s known to be illegal, second and subsequent convictions currently carry mandatory jail sentences. This Bill would change that to simply a maximum punishment of 10 years. It would be entirely up to the Judge to impose the sentence.

Possession of prohibited or restricted firearm with ammunition
.
95 (1) Subject to subsection (3), every person commits an offence who, in any place, possesses a loaded prohibited firearm or restricted firearm, or an unloaded prohibited firearm or restricted firearm together with readily accessible ammunition that is capable of being discharged in the firearm, without being the holder of
.
(a) an authorization or a licence under which the person may possess the firearm in that place; and
(b) the registration certificate for the firearm.
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Marginal note: Punishment
.
(2) Every person who commits an offence under subsection (1)
.
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding 10 years and to a minimum punishment of imprisonment for a term of
(i) in the case of a first offence, three years, and
(ii) in the case of a second or subsequent offence, five years; or
.
(b) is guilty of an offence punishable on summary conviction.

In fairness, this change is one that actually makes sense. There is no crime or issue other than simple possession and storage. Here the minimum sentence (if by way of indictment) would be 1, 3, or 5 years, depending on previous convictions. In theory, a person could be locked up for handing the guns of a friend or family member.

Granted, there was the exception built in for being directly supervised by someone with lawful possession. That said, the current form seemed to open to interpretation.

s.96(2)‍(a) of the Criminal Code carries a 1 year minimum for people who obtain firearms if they knew that it was done illegally. That minimum would be removed under Bill C-5. Of course, there’s an exception that allows the person to turn it in without consequences.

s.99(3) covers weapons trafficking, and lists a 1 year minimum jail term for people convicted of this offense. Consistent with other changes, that mandatory provision would be removed. Instead, there would simply be a 10 year maximum sentence.

s.100(3) gets into possession for the purposes of trafficking. Similarly, the 1 year mandatory minimum sentence would be struck from the Criminal Code.

s.103(2.1) removes the 1 year minimum sentence for importing or exporting firearms, if it’s known they are unauthorized. However, this change will only apply to guns that are neither restricted nor prohibited.

Discharging firearm with intent
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244 (1) Every person commits an offence who discharges a firearm at a person with intent to wound, maim or disfigure, to endanger the life of or to prevent the arrest or detention of any person — whether or not that person is the one at whom the firearm is discharged.
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Marginal note: Punishment
.
(2) Every person who commits an offence under subsection (1) is guilty of an indictable offence and liable
.
(a) if a restricted firearm or prohibited firearm is used in the commission of the offence or if the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization, to imprisonment for a term not exceeding 14 years and to a minimum punishment of imprisonment for a term of
.
(i) in the case of a first offence, five years, and
(ii) in the case of a second or subsequent offence, seven years; and
.
(b) in any other case, to imprisonment for a term not exceeding 14 years and to a minimum punishment of imprisonment for a term of four years.

Currently, if it’s not a prohibited or restricted firearm, and not done in association with a criminal organization, there is a 4 year minimum. That would disappear under this Bill.

Side note: if a gun is discharged in a way that’s designed to wound, maim or disfigure, to endanger the life of a person, that sounds pretty close to attempted murder.

Discharging firearm — recklessness
.
244.2 (1) Every person commits an offence
.
(a) who intentionally discharges a firearm into or at a place, knowing that or being reckless as to whether another person is present in the place; or
(b) who intentionally discharges a firearm while being reckless as to the life or safety of another person.
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Definition of place
.
(2) For the purpose of paragraph (1)(a), place means any building or structure — or part of one — or any motor vehicle, vessel, aircraft, railway vehicle, container or trailer.
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Marginal note: Punishment
.
(3) Every person who commits an offence under subsection (1) is guilty of an indictable offence and
(a) if a restricted firearm or prohibited firearm is used in the commission of the offence or if the offence is committed for the benefit of, at the direction of or in association with a criminal organization, is liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of
.
(i) five years, in the case of a first offence, and
(ii) seven years, in the case of a second or subsequent offence; and
.
(b) in any other case, is liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of four years.

Recklessly discharging a firearm (that’s not restricted or prohibited) currently carries a 4 year minimum jail sentence. That would be eliminated under this Bill, at least in its current form.

A pattern in this legislation is that removing minimum sentences only seems to apply to non-restricted or prohibited firearms. They really seem intent on pushing that.

Robbery
.
344 (1) Every person who commits robbery is guilty of an indictable offence and liable
.
(a) if a restricted firearm or prohibited firearm is used in the commission of the offence or if any firearm is used in the commission of the offence and the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization, to imprisonment for life and to a minimum punishment of imprisonment for a term of
.
(i) in the case of a first offence, five years, and
(ii) in the case of a second or subsequent offence, seven years;
.
(a.1) in any other case where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and
(b) in any other case, to imprisonment for life.

Robbery with a firearm (that’s not restricted or prohibited) currently carries a 4 year minimum jail sentence. That would be removed under this Bill, leaving open the possibility of a convict receiving a conditional sentence.

Extortion
.
s.346.(1.1) Every person who commits extortion is guilty of an indictable offence and liable
(a) if a restricted firearm or prohibited firearm is used in the commission of the offence or if any firearm is used in the commission of the offence and the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization, to imprisonment for life and to a minimum punishment of imprisonment for a term of
.
(a.1) in any other case where a firearm is used [non restricted or prohibited] in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and

Bill C-5 would remove a provision that imposes a mandatory 4 year prison term for extortion using a non-restricted firearm by repealing s.346(1.1)(a.1). However, there is a separate section dealing with restricted and prohibited firearms, that appears to be left intact.

The criminal would still be exposed to a potential life sentence, but the minimum term would be eliminated.

Imposing of conditional sentence
.
742.1 If a person is convicted of an offence and the court imposes a sentence of imprisonment of less than two years, the court may, for the purpose of supervising the offender’s behaviour in the community, order that the offender serve the sentence in the community, subject to the conditions imposed under section 742.3, if
.
(c) the offence is not an offence, prosecuted by way of indictment, for which the maximum term of imprisonment is 14 years or life;

Offenses which were ineligible for house arrest (conditional sentencing) include:

  • s.268 aggravated assault
  • s.272.(1)(a) sexual assault with a weapon
  • s.272.(1)(b) sexual assault with threats to cause bodily harm
  • s.272.(1)(c) sexual assault causing bodily harm
  • s.272.(1)(c.1) sexual assault involving choking, suffocation or strangulation
  • s.273 aggravated sexual assault

Now, should this Bill pass in its current form, people convicted of the above would once again be eligible for house arrest as an alternative to prison. Instead, 3 specific offences will be listed.

  • s.239 (attempted murder)
  • s.269.1 (torture)
  • s.318 (advocating genocide)

Strange that a “feminist” administration claims to care so much about women, while trying pass legislation to make it easier for violent and sexual predators to avoid prison time.

In fairness, just because conditional sentencing is back on the table, it doesn’t mean that convicts would be getting it in large numbers. It just means that the option has been restored.

It’s also illogical that this Government would be putting the screws to legal gun owners, while watering down the criminal punishments for offences involving guns. Then again, perhaps causing chaos or instability is what’s really at play here.

Consider the earlier coverage of Bill C-75, which was introduced in Trudeau’s first term. This monster included: (a) reduced penalties for terrorism offences; (b) reduced penalties for child sex offences; (c) influence from groups pushing alternative lifestyles; and (d) decriminalizing misinformation.

It’s quite amazing what can be inserted into legislation, and the effects it will have. However, far too few people actually read into these things.

(1) https://www.parl.ca/legisinfo/en/bill/44-1/c-5
(2) https://www.parl.ca/DocumentViewer/en/44-1/bill/C-5/third-reading
(3) https://www.laws-lois.justice.gc.ca/eng/acts/C-46/index.html
(4) https://www.laws-lois.justice.gc.ca/eng/acts/f-11.6/FullText.html#h-224023