Gun politics in Canada

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Gun politics in Canada is controversial, though less contentious than it is in the United States. Civilian firearm ownership in Canada, like most British Empire countries, developed out of the centuries old common law right to keep firearms for the purpose of self-defence.^{[citation needed]} Controls on civilian use of firearms date from the early days of Confederation, when Justices of the Peace could impose penalties for carrying a handgun without reasonable cause.^[1] Criminal Code of Canada amendments between the 1890s and the 1970s introduced a series of minor controls on firearms. In the late 1970s, controls of intermediate strength were introduced. In the mid 1990s significant increases in controls occurred. A 1996 study showed that Canada was in the mid-range of firearm ownership when compared with eight other western nations. Nearly 22% of Canadian households had at least one firearm, including 2.3% of households possessing a handgun.^[2]

As of September 2009, the Canadian Firearms Program recorded a total of 1,841,154 valid firearm licences, which is roughly 5.5% of the Canadian population (based on CIA World Factbook July 2009 estimate). The four most licensed provinces are Ontario, Quebec, Alberta and British Columbia.^[3]

History of gun laws in Canada

The following is a summary of the history of gun control laws in Canada:^[4][5]

• The Criminal Code of Canada enacted in 1892, required individuals to have a permit to carry a pistol unless the owner had cause to fear assault or injury. Not until 1935 was it considered an offence to sell a pistol to anyone under 18. Vendors who sold handguns had to keep records, including purchaser's name, the date of sale and a description of the gun.
• In the 1920s, permits became necessary for all firearms newly acquired by foreigners.
• Legislation in 1934 required the registration of handguns with records identifying the owner, the owner's address and the firearm. Registration certificates were issued and records kept by the Commissioner of the Royal Canadian Mounted Police (RCMP) or by other police forces designated by provincial Attorneys General.
• In 1947, the offence of “constructive murder” was added to the Criminal Code for offences resulting in death, when the offender carried a firearm. This offence was struck down as unconstitutional by the Supreme Court of Canada in a 1987 case called R. v. Vaillancourt.
• Automatic weapons were added to the category of firearms that had to be registered in 1951. The registry system was centralized under the Commissioner of the RCMP.
• In 1969, Bill C-150 created categories of “non-restricted,” “restricted” and “prohibited” weapons. Police were also given preventive powers of search and seizure by judicial warrant if they had grounds to believe that weapons that belonged to an individual endangered the safety of society.
• In 1977, Bill C-51 required Firearms Acquisition Certificates (FACs) for the acquisition (but not possession) of all firearms and introduced controls on the selling of ammunition. FAC applicants were required to pass a basic criminal record check before being issued an FAC. Fully automatic weapons were also prohibited.
• In 1991, Bill C-17 tightened up restrictions and established controls on any firearms that had a military or paramilitary appearance. Legislation also made changes to the FAC system. FAC applicants were now required to pass a firearms safety course, pass a more thorough background check, and wait a minimum of 28 days after applying for an FAC before being issued one.

Finally in addition to the above changes, laws were put into place that restricted ownership of high capacity magazines, limiting handguns to ten rounds and all semi-automatic centerfire rifles to 5. There were exceptions to the magazine capacity limit of some historically significant firearms such as the Lee-Enfield and M1 Garand. The restrictions did not cover rimfire rifles. The Provinces have the choice to opt-out of administering the Firearms Act, but not magazine restrictions.

• In 1995, Bill C-68 introduced new, stricter, gun control legislation. The current legislation provides harsher penalties for crimes involving firearm use, licences to possess and acquire firearms, and registration of all firearms, including shotguns and rifles.^[4] This legislation was upheld by the Supreme Court in Reference re Firearms Act (2000). The FAC system was replaced with Possession Only Licences (POLs)(no new POL's after January 1, 2001) and Possession and Acquisition Licences (PALs). Referring to Bill C-68, John Dixon, a former advisor to Deputy Minister of Justice John C. Tait, stated that the Firearms Act was not public safety policy, but rather an election ploy by the Liberal Party of Canada intended to help defeat Prime Minister Kim Campbell.^[6]
• As of 2006, while legislation is still in place, the government is no longer asking long gun owners for a registration fee and an amnesty (now extended until May 16, 2010) temporarily protects licensed owners of non-restricted firearms (or those whose licences have expired since January 1, 2004) from prosecution for the possession of unregistered long guns.^[7]
• In November 2009, Bill C-391 passed second reading in the House of Commons by a vote of 164 to 137. If passed through the entire parliamentary process by the House and Senate, the Bill would abolish the requirement to register non-restricted long guns. While the proposed legislation is a Private Members Bill, it has the support of the Conservative Government. The Bill has now been referred to a House of Commons Committee for further action.

Licencing of firearms owners

There are three classes of firearms and firearm licences: non-restricted, restricted and prohibited. Prohibited firearms are not actually prohibited, they simply require a prohibited licence to obtain. New prohibited licences are available only at the discretion of the Chief Firearms Officer of a province or the Federal Government of Canada.

• Non-restricted licences allow a person to own and use most semi-automatic and manual action rifles and shotguns, but no handguns. Rifles and shotguns that do not meet length requirements are classed as restricted. Some rifles and shotguns are classed as restricted by name.
• Restricted licences allow a person to own most handguns and some restricted semi-automatic rifles and shotguns. Handguns with barrels 105 mm or shorter are classed as prohibited. Some handguns are classed as prohibited by name.
• Prohibited licences allow a person to own firearms classified as prohibited, including fully automatic firearms. Generally, these licences are not commonly available and may only be issued by the CFO of a province or the Federal Government. Otherwise, to possess one, the licence must be grandfathered as of December 1, 1998.

The licence required to purchase and own a firearm in Canada is the Possession and Acquisition Licence (PAL). This is the same licence used for both restricted and non-restricted firearms with a small variation in the application. In order to be eligible to obtain a non-restricted PAL, the applicant must have completed and passed the Canadian Firearms Safety Course (CFSC). For the restricted PAL (which includes handguns) the applicant must have passed both the CFSC and the Canadian Restricted Firearms Safety Course (CRFSC). Most courses offer the CFSC or a combined course that includes both the CRFSC and the CFSC.^[8]

Laws and regulation

By law, a potential customer must be 18 years of age or older to purchase a firearm or legally maintain possession of one. Citizens of Canada under the age of 18 but over the age of 12 may procure a Minor’s Licence which does not allow them to purchase a firearm but allows them to borrow a firearm unsupervised and purchase ammunition. Children under the age of 12 that are found to need a firearm to hunt or trap may also be awarded the Minor's Licence. This is generally reserved for children in remote locations, primarily aboriginal communities that engage in sustenance hunting.^[9]

Removable bullpup stocks are classified as prohibited devices. This regulation led to the RCMP classifying the stock of the Walther G22 rifle as prohibited while the internal components remained non-restricted. Purpose built bullpup firearms such as the PS-90 and IMI Tavor are not subject to this regulation since the stock is integral to their workings and is thus not removable.

By law, as of January 1, 2001, all firearms in Canada must legally be registered with the Canadian Firearms Registry. In early 2006 the Conservative Party of Canada formed the 39th Canadian government and announced an amnesty period of one year (later extended by a further year) in which licenced or previously licenced long gun owners would not be punished for not registering their long guns. The legal requirement to register as set forth by law has not been revoked; legislation to revoke the requirement to register long-guns was introduced by the Government during the 39th Parliament but was not brought to a vote. It was opposed by the Opposition parties who together have a majority of seats in the House of Commons. However, similar legislation may again be brought forward in the 40th Parliament since the Conservative Government remains committed to the abolition of long-gun registration.^[10]

To purchase a handgun or other restricted firearm, a person must have a Possession and Acquisition Licence (PAL) for restricted firearms and be a member of a certified range. To use restricted firearms a person must also obtain long term authorization to transport (LTATT) from their provincial Chief Firearms Officer (CFO) to move the firearm to and from the range. Short term authorization to transport (STATT) is required in most cases to move a firearm from a business to the owner's home, or when the owner wishes to change the address where the firearm is stored. Firearms can be shipped without a STATT by a bonded courier directly to an owner's home.

Semi-automatic center-fire rifles and semi-automatic shotguns have a maximum magazine capacity of five rounds. Some rifles such as the M1 Garand are exempted from this requirement by name^[11]. There is no restriction of magazine capacity for rimfire rifles or manual action rifles and shotguns. All handguns have a maximum capacity of ten rounds. The legal capacity of a specific magazine is determined by the firearm it was made for, not the firearm it is used in.

Canada's federal laws also restrict the ability of persons, including most security guards, to carry restricted or prohibited firearms in public, although generally carrying non-restricted firearms is permitted (although subject to other restrictions such breaching the peace if carried in manner that might alarm bystanders, such as in a city setting). For example, section 17 of the Firearms Act makes it an offence for anyone, including a security guard, to possess prohibited or restricted firearms (i.e. handguns) outside of his or her home. There are two exceptions to this prohibition found in sections 18 and 19 of the Act. Section 18 allows for persons to be issued an Authorization to Transport, or ATT, authorizing the transport of a firearm outside the home for certain purposes, such as going to and from a range, a training course or repair shop. Such firearms must be unloaded, stored in secure, locked containers and equipped with a trigger lock. Section 19 of the Act goes on to allow individuals to receive an Authorization to Carry, or ATC, granting permission to carry loaded restricted firearms on their persons for certain reasons specified in the Act. These reasons are as follows: if the person is a licensed trapper and carries the firearm while trapping, if the person is in a remote wilderness area and needs the firearm for protection against wildlife, if the person's work involves guarding or handling money or other items of substantial value, or if the person's life is in danger and police protection is inadequate to protect him or her. It should be noted that the authorities almost never issue an ATC for the last reason, that is to say, because a person's life is threatened and police protection is inadequate. Generally, the only Canadian security guards who receive authorization to carry firearms are those employed by armoured car companies.

Classification of firearms

Like licences, firearms are classified into non-restricted, restricted and prohibited categories. The classification of a firearm is based on its operating characteristics and capabilities, origin and developmental history. Firearms such as AR-15-derived and AK-47-derived sporting rifles are classified as 'restricted' and 'prohibited' respectively, whereas without the 'origin and development' criteria they would both be 'non-restricted'.^[12]

Firearms registry

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It has been estimated that as many as five million gun-owning Canadians have not registered their firearms. As of June 2003, only 6.4 million firearms had been registered, despite a 1974 estimate of ten million guns in Canada. In February 2003, the government announced plans to strengthen the administration of the gun control program. Two days before the election in May 2004, the government dropped all fees for transferring firearms.

Supporters of the firearms registry argue that it makes no sense to abandon the project midstream and that firearms registration assists police forces in knowing where legal firearms may be held when answering calls. They further argue that registration compels gun owners to be more responsible for the safe storage and use of firearms they possess.

Opponents argue that firearms registration does nothing to prevent crime and that gun owners are already licensed. They state that given a significant data error rate and high levels of non-compliance with current legislation, firearms information is often unreliable. They further claim that registration will lead to confiscation. In this regard they note the promises made by the Liberal, NDP and Bloc Quebecois parties during the 2008 election campaign to prohibit certain types of semi-automatic firearms and handguns.

The policy of the Conservative Government has been to work for the abolition of the long-gun registry within the constraints of a minority Government while introducing certain measures (such as a waiver on licence renewal fees and an amnesty for those who may possess unregistered non-restricted firearms with a licence or recently expired licence) to ease the burdens on law abiding firearms owners. To date, the Conservative Government has not supported a ban on handguns as advocated by the other parties. Instead, the Government has argued that handguns are already tightly regulated and only available to licensed target shooters, collectors and those requiring them for the protection of life.

The gun control program continues to be supported at an estimated cost of $75 million per year. To date, while the Firearms Act and Regulation keeps track of legal firearms owners and provides criminal penalties for those who fail to keep the government advised of their current address, there is no registry of offenders who are prohibited from owning firearms or a requirement that they keep the government advised of their place of residence.^{[citation needed]}

The Auditor General's report also found that there is a lack of evidence to support the effectiveness of the gun registry, or to prove that it is meeting its stated goal of improving public safety. The report states:

The performance report focuses on activities such as issuing licences and registering firearms. The Centre does not show how these activities help minimize risks to public safety with evidence-based outcomes such as reduced deaths, injuries and threats from firearms.^[13]

Also of note, individual police officers from across Canada were not offered the opportunity to voice their concerns prior to the CACP offering support for the registry, a move some officers have called "unfair" and "dictatorial".^[who?] Historically, the Canadian Association of Chiefs of Police has supported the registry.^{[citation needed]} The National Firearms Association website and the Canadian Shooting Sports Association website document the statistics quoted above.

Violent crime, suicide and accidents in Canada

Violent crime rates in Canada increased significantly between 1983 and 1995, due largely to changes in the criminal code that clarified assault charges.^[14] The number of assault 1 charges (an assault not involving a weapon or causing serious physical injury) increased 85% and the number of sexual assault 1 (an assault with only minor physical injuries or no injuries to the victim) charges increased by 250%. Other violent crimes either declined or remained stable.^[14] Violent crime has decreased since 1993.^[15]

The murder rate in Canada peaked in 1975 at 3.03 per 100,000 and has dropped since then, reaching lower peaks in 1985 (2.72 per 100,000) and 1991 (2.69 per 100,000) while declining to 1.73 per 100,000 in 2003. The average murder rate between 1970 and 1976 was 2.52, between 1977 and 1983 it was 2.67, between 1984 and 1990 it was 2.41, between 1991 and 1997 it was 2.23 and between 1998 to 2004 it was 1.82.^[16] In 2007, the murder rate was 1.98. These statistics do not discuss the impact of social, political, economic, gun law or other factors as causative factors for the drops in overall homicide.

Spousal murder rates have fallen significantly as well. For females in a relationship the rate of homicide fell from 1.65 per 100,000 in 1974 to 0.71 per 100,000 in 2004 while for males in a relationship the rate dropped from 0.44 per 100,000 in 1974 to 0.14 per 100,000 in 2004.^[17] Spousal homicides committed with firearms dropped by 77% for women between 1974 and 2000 and by 80% for men during the same time period.^[18] Increased awareness, reporting and publication of domestic violence incidents, as well as police campaigns to crack down on domestic violence, have been the primary factors on the reduction of domestic violence homicides^[19].

While the murder rate using firearms dropped by over half from 1977, homicide rate using other methods declined less sharply. The firearm homicide rate was 1.15 per 100,000 in 1977 and dropped to 0.50 in 2003 while the non-firearm rate went from 1.85 per 100,000 to 1.23 per 100,000 in the same time period. It is not specified how social, political, economic or other factors such as gun laws have affected rates of crime.

Shootings generally account for around 30% of murders in Canada, with stabbings generally equal or lower before 1995, when stabbings outnumbered shootings. From 1995 to 2007, stabbings have outnumbered shootings in six years (1995, 1998, 2002, 2004, 2005, 2007) with shootings outnumbering stabbings in the remaining (1996, 1997, 1999, 2000, 2001, 2003, 2006).^[20]

The suicide rate in Canada peaked at 15.2 in 1978 and reached a low of 11.3 in 2004.^[21][22][23] The number firearm suicides in Canada dropped from a high of 1287 in 1978 to a low of 568 in 2004^[24] while the number of non-firearm suicides increased from 2,046 in 1977 to 3,116 in 2003. It is, therefore, unclear as to whether new gun laws in Canada have actually decreased gun suicides or simply shifted those suicides to other means, nor are any other social, political or economic factors correlated statistically in any of these results.

The total accidental death rate in Canada was 27.9 per 100,000 in 2000. Included in that total is the death rate from transportation - including motor vehicles, water craft and other land transports - which stood at 10.2 per 100,000. Also included are non-transport deaths, with a rate of 17.7 per 100,000. Of non-transport accidents, the 'unspecified accident' category stood at the highest with a rate of 7.7 per 100,000. After that, falls accounted for the next largest group with a rate of 5.1 per 100,000. Accidental poisonings were next with a rate of 3.1 per 100,000. Accidental firearm deaths stood at 0.1 per 100,000 in 2000.^[25] These statistics contain no information on correlation between gun laws and accidental rates of death by gun or other means.

Legal

Different police bodies and the role of provincial jurisdictions in gun law application complicate gun politics in Canada. Ontario and Quebec (accounting for more than half the population) had very strict provincial firearm registration systems long before the latest federal laws. These provinces have a history of gun control while other provinces do not.

Although firearms laws are all officially controlled by the federal government which should create an identical situation across the country, the role of provincial governments in implementing those laws complicates this matter. Provinces are free to opt-in to administer the program provincially; currently half administer the program federally and half provincially (see CFP for more information).

Both federal and provincial Crown Counsels generally have concurrent jurisdiction over Criminal Code offences, that is, they can both prosecute offences committed under the Criminal Code with certain exception that is limited to federal Attorney General only.^[26] In particular, firearms-related criminal charges maybe prosecuted under federal or provincial Attorneys General. Where Bill C-68 makes it a criminal offence to possess an unregistered firearm or possess a firearm without a licence, it is generally up to provincial Crown Counsel to prosecute such offences, but the federal Attorney General can intervene and lead up the prosecution.^[27] For reasons of cost or public opinion all provinces except Quebec have refused to prosecute people for these charges.^[28][29][30] Also, since CFOs are responsible for issuing Authorization to Transport and Authorization to Carry, the use of firearms can differ between provinces.

Some provinces allows for municipalities to also regulate the use of firearms within its boundaries via bylaws. For example, in British Columbia, under section 5 of the Community Charter, municipal councils can "regulate and prohibit in relation to the discharge of firearms."^[31] Similar legislations are also in effect in Alberta/Nova Scotia (Municipal Government Act), Ontario/Manitoba (Municipal Act), New Brunswick/Prince Edward Island (Municipalities Act) and Quebec (Municipal Code of Québec) but not in Saskatchewan and Newfoundland and Labrador.

Citations

See also

• Canadian Firearms Registry
• Possession and Acquisition Licence
• Dominion of Canada Rifle Association

External links

• Canadian Firearms Program
• National Firearms Association
• Law-abiding Unregistered Firearms Association
• Canadian Shooting Sports Association
• Coalition for Gun Control
• Canada's Gun Laws For Americans
• Overview of the licensing process
• Canadian Firearm and Gun Information

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