The Honourable Anne McLellan
Minister of Justice
House of Commons
Ottawa, Ontario
K1A 0A6

Dear Minister:

On Friday, an official from your department and a member of the Royal Canadian Mounted Police were quoted in an article by Norm Ovenden which was published in several newspapers across Canada (i.e. "New gun law: Ottawa ready to be flexible" – National Post, November 27, 1998). The article stated, "If provinces are reluctant to enforce laws of the land…they have the choice to interpret things either loosely or tightly, said Jean Valin, public affairs director of the Canadian Firearms Centre." You know this is not exactly true in the case of Bill C-68 because several provinces and the territories have opted out of the administration of this legislation. So my question is: In those provinces where you have assumed responsibility for administration of Bill C-68 and the regulations, are you and your officials directing the RCMP and the federal Firearms Officers to enforce this legislation differently?

As Justice Minister you have obviously thought this through and examined the legal liability this represents for police and your staff. For the sake of those who do not know the law, let me point out:

Section 126(1) of the Criminal Code of Canada makes it is an indictable offence to "wilfully omit to do anything that [any Act of Parliament] requires to be done." Section 22 of the Criminal Code states: "Where a person counsels another person to be a party in an offence and that other party is afterwards a party to that offence, the person who counselled is a party to that offence, notwithstanding that the offence was committed in a way different from that which was counselled." Section 465(1)(c) of the Criminal Code states "Every one who conspires with any one to commit an indictable offence...is guilty of an indictable offence and liable to the same punishment as that to which an accused who is guilty of that offence would, on conviction, be liable...".

Based on the evidence available through reporter Norm Ovenden, it appears one or more officials in your department and the RCMP seem to be part of a conspiracy to violate section 126 of the Criminal Code and are apparently guilty of counseling others to violate section 126. You can’t make bad criminal law good by telling the law-abiding targets of the law that you won’t enforce it equally. It’s a criminal offence for police officers to fail to enforce certain provisions of the Criminal Code just because it’s politically unpopular. Your officials should be telling them as much - not counseling them to do otherwise!

Sincerely,

Garry Breitkreuz, MP

The Office of Garry Breitkreuz, M.P.
Yorkton: (306) 782-3309
Ottawa: (613) 992-4394