general legislative background

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COALITION
for Gun Control / pour le contrôle des armes
www.guncontrol.ca
Key Points on the Montreal massacre
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This December 6 will mark the 25th anniversary of the Montreal Massacre where a man with a
legally owned assault rifle killed 14 young women and injured 13 people.
After the young women's voices were silenced, Canadians made a solemn promise that they would
“first mourn, then work for change.”
We made amazing progress: building a national alliance of public health, women’s groups, police,
victims and labour organizations; driving gun death and injury to the lowest rates ever;
strengthening the controls on gun owners and guns; and banning military weapons. None of us
expected that 25 years later we would be back almost where we began and facing
challenges to controls on handguns that have been in place for 46 years.
Families and Victims
 The survivors and the families and friends of the victims of the Montreal Massacre fought
long and hard to get our gun control laws enacted, recognizing them as a monument to the
memory of those young women.
 The students of Polytechnique launched a petition calling for a ban on military assault weapons and
gathered over 560,000 signatures on a petition.
 In 1991 and in 1995, Canada strengthened its gun control measures. But in 2012 a federal
legislation was passed that considerably weakened some of these measures.
There is clear evidence that stronger gun laws have made Canadians safer, leading to major
declines in firearm homicides, suicides, accidents and robberies
 The evidence is compelling: easy access to firearms increases the lethality of violent encounters,
thus driving up both homicide and suicide rates.
 In 1991, 1444 Canadians were killed with firearms, compared to 679 in 2011, that is 765 fewer
Canadians killed with guns each year; 765 fewer families in mourning; and countless others saved
from the trauma of losing a friend or colleague to gun violence.
 Murders of women with guns, and suicides – particularly involving youth – have plummeted.
 When comparing Canada and the United States, the murder rates without guns are roughly
comparable, but murder rates with guns are six times higher in the United States (3.0 compared to
0.49 per 100,000). We cannot, should not, and must not allow the Harper government to erode the
controls on handguns that have so clearly differentiated us from our neighbours to the south.
25th Anniversary
 Throughout the country Canadians are organizing events to commemorate this tragedy.
 The Families, friends and victims have prepared a statement (see attached).
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About the Ruger Mini-14
 Marketing a firearm as a hunting rifle does not make it a hunting rifle.
 Canada’s firearm classification criteria are outdated. The technology continues to
evolve but they have not been updated since 1995.
 With so many loopholes created by the Harper Government that make illegal sales
and trafficking harder to track and to prosecute, it is only a matter of time before
dangerous individuals exploit these weaknesses in Canadian law.
 The Ruger Mini 14 used in the 1989 massacre at Ecole Polytechnique in Montreal to kill
14 engineering students and killed 77 people in the 2011 Norway Massacre is still sold
as a non-restricted hunting rifle and no longer requires to be registered since 2012.
 It is mechanically the same as the US M1 Garand battle rifle used by the U.S. military.
“One of the principal attractions of this rifle is that, due to the lower recoil force derived
from the 5.56mm bullet, it becomes possible to develop light rifles, which can be fired at
full automatic. While marketed as a hunting rifle its variants that include a range of
military features such as folding stock, bayonet mount and flash suppresser.”1
 Experts have called it the ‘poor man’s assault rifle’ because of its affordability and
capacity to be modified for combat.
 It is banned in some countries but in Canada, it is sold as a simple hunting rifle although
the large capacity magazine is prohibited.
Canada’s 1995 legislation was designed to allow firearms “not reasonably used in hunting” to be
prohibited through Order in Council.
On the eve of the tenth anniversary of the Montreal massacre the federal Justice Minister Anne
McLellan, indicated that the Government would follow through with the prohibitions once
registration of firearms was complete. However, no action were taken.
Similarly, lobbying by the Dominion Rifle of Canada Association, a veterans’ group that target
shoots with the AR-15, was successful in keeping that firearm off the prohibited list. It is still sold
as a restricted weapon. The AR-15 has been used in many high profile U.S. shootings. The gun
is a semi-auto versions of military weapons and there is no reasonable use for rifles designed
for killing in combat.
Parliament has classified weapons as restricted or prohibited when the risk they pose outweighs
their utility. For example military weapons are not designed for hunting or target shooting,
but for killing people during combat and are easy to use. They have no place in the
hands of civilians.
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Gendered Gun Violence
Gun control is a women’s issue: women represent a small percentage of gun owners, but they account for
a high percentage of the victims of gun violence. While men are more likely to be victims of homicide
generally, women are three to four times more likely than men to be victims of spousal homicide.
Fear from threat of firearms has been shown to be a significant reason why women who suffer from
domestic violence do not leave or seek help.
Most firearm-related deaths in Canada are caused by rifles or shotguns, and these are the guns most
commonly used to threaten and injure women and children. All firearms are lethal, and any gun in the
wrong hands is dangerous.
When women are killed by their spouse using a gun, it is a long gun in 72% of cases. Since 1991, when
controls on all firearms were first introduced, spousal homicides with rifles and shotguns have decreased
by 69%.
While violence against women happens in both rural and urban areas, it is women in rural and northern
areas at most at risk from gun violence, due to the higher prevalence of firearms in those regions.
A study done in the provinces of New Brunswick and PEI on family violence in rural settings found that
two thirds of the women indicated the presence of firearms in their home, and said knowing about the
firearms made them more fearful for their safety and well-being; it also found women were more likely to
express concern for their safety when the firearms owners were not licensed and the firearms were not
registered or safely stored.
On November 25, 2012, the International Day to End Violence against Women, 35 women who sought
assistance in Alberta’s women’s shelters reported that they had been threatened with a gun. 2
Coroners inquests have consistently identified access to firearms as one of the top risk factors
determining whether a woman will die in domestic violence situations.
Women’s safety experts such as the YWCA Canada have said Bill C-19 (that ended the long gun registry)
is discounting the specific safety concerns Canadian women and their disproportionate vulnerability to
firearm violence in the context of domestic violence.
The Barbra Schlifer Commemorative Clinic, serving abused women, took the federal govt to court in a
David vs Goliath battle, arguing that Bill C-19 violates the life, liberty and security of women under section
7 and violates women's equality rights under section 15 of the Canadian Charter of Rights and Freedom.
Among the points made by the clinic were
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women’s rights to security and gender equality under the Charter would be violated by destroying
the registry
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changes to gun-control law increase the risk to women of physical violence, forcible confinement
and homicide in situations of domestic violence
The long-gun registry’s annual estimated cost of $2 million pales in comparison to the cost of domestic
violence in Canada. According to Justice Canada, a study estimated the cost of violence against women
to Canadian society at $4.2 billion per year. In financial terms, the registry is but a small investment that
reaps far greater savings elsewhere.
The UN Special Rapporteur on Violence Against Women has emphasized that countries which do not
adequately regulate firearms are failing to meet their obligations under international law.
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Recent Canadian Gun Control Changes
Since 2012, the federal government has introduced major changes that weaken firearms
legislation. In response to these changes, leading injury prevention, public health, and public
safety experts, as well as women’s safety groups, have flagged the risks to public safety that
arise. The changes include:
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The elimination of the requirement to verify the validity of a licence at the time of a
long-guns purchase or transfer3;
The elimination of the obligation to register non-restricted firearms1;
The elimination of record-keeping of gun sales (in place since 1977)1;
The repeal of the Chief Firearms Officers’ authority to oblige businesses to keep records
of sale as a business requirement4;
The elimination of the Gun show regulations5;
The destruction of the records on 7.1 million guns (so far, the data on 5.6 million
has been eliminated because Quebec is still in the process of appealing the decision
with respect to its records) 1;
The delay on the implementation of regulations to comply with Canada’s international
commitment to regulate and require marking6;
The repeal of the RCMP’s authority to reclassify firearms more than one year after the
classification decision is made7;
The introduction of an amnesty provision that contradicts the RCMP’s decision to
reclassify the CZ 858 and certain firearms in the Swiss Arms family because of the risks
that they pose to public safety.8
Law enforcement officials have warned that the loopholes created by these changes facilitate
illegal trafficking and make it harder to prosecute perpetrators of trafficking.
Organized crime networks, terrorists and criminals will take the path of least resistance to obtain
guns, and it is only a matter of time before these weaknesses are exploited.
Now that non-restricted firearms are untraceable, it is much easier for those who want to
remain undetected to acquire an unlimited number of guns, including powerful semiautomatics and sniper rifles, without any flags being raised. There is no way to know who
owns these powerful and dangerous weapons, who sold them, or how many are in circulation.
Canada-US Comparison
The consequences of weak gun laws are evident when we look at our neighbour to the south. Few
controls exist on access to handguns in the United States, and the consequences are devastating.
 The firearms-related death rate in the United States is 10.3 per 100,000 people for the year
2011, representing a total of 32,163 deaths.9 The rate in Canada was 1.97 100,000 (679 total
deaths) that same year.10
 In 2012, the U.S. homicide rate (1.33 per 100,000) for incidents without guns was only slightly
higher than the Canadian rate (1.07 per 100,000).11
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However, the rate of homicide with firearms in the U.S. (3.00 per 100,000) was 6 times higher
than that seen in Canada (0.49 per 100,000) and the rate of homicide with handguns in the
U.S. (2.16 per 100,000) was nearly 7 times higher than the Canadian rate (0.31 per 100,000).
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Bill C-42
2nd reading debate started last week, but has not been scheduled further.
NDP and Liberals have stated they will oppose the bill
1. RELAX CONTROLS ON MILITARY ASSAULT WEAPONS.
Police have been asking that the list of prohibited military assault weapons be updated. The government
is allowing owners to use guns that can be converted to fully automatics and has passed regulations
preventing the addition of new models and variants, overriding the RCMP.
2. RELAX CONTROLS ON HANDGUNS AND RESTRICTED WEAPONS.
In spite of claims that handguns are "virtually banned", legal ownership has grown by 35% since the
Conservatives took power. There are now 576,847 restricted firearms registered to Canadians (2012)
including handguns as well as some restricted military weapons such as the powerful AR15. What the
Conservatives call "red tape" is actually important to keep handguns out of the wrong hands. Currently,
permits define where and for what purpose a handgun may be used. Relaxing these controls will
increase the risk of theft, illegal sales and the misuse of handguns.
3. WEAKEN POWERS OF THE PROVINCIAL CHIEF FIREARMS OFFICERS (CFO).
CFOs are responsible for the decision-making related to licences, authorizations to transport and
authorizations to carry, transfers of firearms and record keeping. By eroding the powers of the CFOs, the
federal government will weaken the implementation of the law.
4. RELAX CONTROLS ON GUN OWNER LICENSES
 MERGE THE POSSESSION ONLY LICENSE (POL) AND THE POSSESSION AND ACQUISITION LICENSE
(PAL). The possession only license was designed to allow people who owned guns when the
new law passed to avoid the requirements for training and rigorous screening and keep their
guns. Individuals who wanted to acquire more guns have had to comply with the full
requirements including a rigorous screening for risk factors for violence and suicide and their
current and ex-spouses notified of the application. Allowing the 575,780 POL licence holders
which have not been thoroughly vetted to acquire more guns opens up another loophole and
increases the risk guns will be misused or diverted to illegal markets.
 CREATE A GRACE PERIOD FOR PEOPLE THAT HAVE A FIVE-YEAR LICENCE THAT HAS EXPIRED. In
eliminating the registration of firearms, the Conservatives argued that the firearms license was
sufficient to know who owns guns. Now they are relaxing those requirements. Renewing
licenses ensures that information about gun owners is kept current and reduces the risks
potentially dangerous people will have access to guns. A valid licence is the only information
that police have to tell them that someone may own non-restricted guns now that the registry
has been destroyed. Turning a blind eye to gun owners who do not comply with the licensing
requirements will put police officers and the public at risk. It will also hamper police
investigations and in some cases hamper prosecution of gun crimes.
5. REFRAME EXISTING CONTROLS
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 ELIMINATE CHALLENGE EXAMS FOR FIRST TIME GUN OWNERS. Gun owners are required to
take the Canadian Firearms Safety Course (CFSC) and pass the tests, or challenge and pass the
CFSC tests without taking the course. This proposal would simply remove the option of
challenging the test so applicants must pay to take the course.
 FIREARMS PROHIBITIONS FOR THOSE CONVICTED OF DOMESTIC VIOLENCE OFFENCES.
Prohibition orders for violent offenses are already in place. This is no substitute for the rigorous
screening processes for licensing and renewals including spousal notification which allows
women to express concerns about an applicant for a firearms licence.
1 Ian
V. Hoggs and John S. Weeks, Military Small Arms of the 20th Century. iola, WI: Krause, 2000.
Alberta Council of Women’s Shelters. (2013) 2012 Data Count. https://www.acws.ca/collaboratedocument/939/download/AB-Data-Count-2012-Updated.pdf
3 An Act to amend the Criminal Code and the Firearms Act, Statute of Canada 2012, Chapter 6.
http://www.parl.gc.ca/HousePublications/Publication.aspx?Language=E&Mode=1&DocId=5506066
4 Firearms Information Regulations (Non-restricted Firearms), SOR/2012-138, June 29, 2012.
http://laws.justice.gc.ca/PDF/SOR-2012-138.pdf
5 Public Safety Canada.(2012) Public Safety Minister Vic Toews Tables Repeal of the Gun Shows Regulations.
October 2, 2012. http://www.publicsafety.gc.ca/cnt/nws/nws-rlss/2012/20121002-eng.aspx
6 Regulations Amending the Firearms Marking Regulations, SOR/2013-203, November 22, 2013.
http://canadagazette.gc.ca/rp-pr/p2/2013/2013-12-04/html/sor-dors203-eng.php
7 Firearms Records Regulations (Classification), SOR/2014-198, August 15, 2014. http://www.gazette.gc.ca/rppr/p2/2014/2014-08-27/html/sor-dors198-eng.php
8 Order Declaring an Amnesty Period (2014) SOR/2014-56, July 23 2014. https://www.canlii.org/en/ca/laws/regu/sor2014-56/latest/sor-2014-56.html
9 Hoyert, Donna L. and Jiaquan Xu. 2012. ‘Deaths: Preliminary Data for 2011 - Selected Causes.’ National Vital
Statistics Reports (NVSS); Vol 61, No. 6, pp.40-42. Hyattsville, MD: US Department of Health and Human Services,
Centers for Disease Control Prevention, Division of Vital Statistics. 10 October.
10 Statistics Canada. Table 102-0540 - Deaths, by cause, Chapter XX: External causes of morbidity and mortality
(V01 to Y89), age group and sex, Canada, annual (number), CANSIM (database). (accessed: 2014-10-20)
11 Boyce J. and Cotter A. 2013. Homicide in Canada 2012, Component of Statistics Canada catalogue, No. 85-002-X,
pp.28-29, 31-33, Canadian Centre for Justice Statistics, Homicide survey. December 19 2013. Table 1, 4, 6.
http://www.statcan.gc.ca/pub/85-002-x/2013001/article/11882-eng.pdf; FBI, Uniform reports, Crime in the United
States 2012, Offenses Known to Law Enforcement, Criminal justice information services division. Table 8.
http://www.fbi.gov/about-us/cjis/ucr/crime-in-the-u.s/2012/crime-in-the-u.s.-2012/offenses-known-to-lawenforcement/expanded-homicide/expanded_homicide_data_table_8_murder_victims_by_weapon_2008-2012.xls
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