KEY ISSUES RAISED BY
THE
JUSTICE MINISTER’S
HANDPICKED USER GROUP ON FIREARMS
By
Garry Breitkreuz, MP – February 19, 2002
NOTE
#1:
These documents were obtained from the
Department of Justice by Garry Breitkreuz, MP using the Access to Information
Act: DoJ File: A-2001-0123 filed on July 12, 2001 and replied to on February 13,
2002 and received on February 19, 2002. Most
of the actual recommendations made by the User Group on Firearms (UGF) were
whited-out.
NOTE
#2: The
quotations that follow are not the complete text of the ATI documents but only
excerpts from the User Group’s recommendations to the Minister of Justice.
RECOMMENDATIONS
TO THE MINISTER – AUGUST 16, 2000
UGF
REF. #2000-02
Issue:
There are significant differences of opinion as to the present number of firearm
owners in Canada.
Rationale:
Current government estimates of 2,200,000 firearm owners, and firearms
organizations estimates of 7,000,000 firearm owners are too far apart to gauge
the magnitude of the work needed to licence all firearm owners by the due date.
Former estimates are based on calculations using antiquated data and
projections, polls wherein respondents may not be willing to declare themselves,
or where the sample population was not necessarily chosen according to known
areas of firearms ownership. Without
such a current gauge, no accurate target is attainable under the present
Licencing system.
Recommendation:
That an RFP be prepared to assess the feasibility of such research at this point
in time based on the current climate in the firearms community.
If the feasibility assessment supports further research, then the User
Group recommends it play an active role to assist in the success of the project.
UGF
REF. #2000-03
Background:
There are a number of firearms prescribed as prohibited that are suitable for
target shooting and other legal activities.
These firearms should be re-examined and those suitable for target and
other sporting activities should be removed, as were the Valmet Hunter and
others in 1999.
Issue:
The fear of confiscation prevalent in the firearms community relative to the
transfer of firearms from one class to another is a major concern to firearms
owners.
Recommendation:
Withheld citing section 21(1)(a) of the Access to Information Act
UGF
REF. #2000-04
Issue:
Many thousands of these [prohibited
firearms] were legally imported in the past, or in some cases brought back as
war trophies. However, the owners
either did not register them in time for the various cutoff dates or still do
not know these firearms require registration.
The current registration system contains no information on these firearms
and their current owners. No legal means exist whereby these firearms may be
registered to qualified owners. The
methods of storage of these firearms are also unknown.
Their potential for transfer to questionable persons is unsafe.
An attempt must be made to permit registration of these firearms to
qualified individuals.
Rationale:
Registration of these [prohibited]
firearms is essential since many of them continue to be out of the system since
many years, or are being transferred to unqualified persons outside the firearms
community. This issue has been
brought up in the past and must be settled if the culture of safety is to be
maintained.
Recommendation:
Withheld citing section 21(1)(a) of the Access to Information Act
RECOMMENDATIONS
TO THE MINISTER – APRIL 25, 2001
UGF
REF. #2001-02
Issue:
There are still a significant number of Canadian firearm owners who have not yet
applied for a licence to possess their firearms (POL).
The reasons are varied, but the number is an important one, as is the
matter of licencing all firearm owners within the culture of safety being
promoted for the legislation. However, they cannot apply for a possession licence since it
no longer exists, and they are faced with the only legal choice being to apply
for a possession and acquisition licence (PAL).
This may not be needed or wanted, and such an application may lead the
firearm owner to believe that criminal charges may be laid if this application
is made under the only present option available, a PAL.
Recommendation:
Withheld citing section 21(1)(a) of the Access to Information Act
UGF
REF. #2001-04
Issue:
There are a great number of firearm owners who either do not know or do not
realize that all firearm transfers must be done through the Canadian Firearms
Registry System (CFRS) with the necessary approvals and authorization numbers
being issued. A major publicity
effort is essential to inform Canadians that all transfers of firearms must go
through the Canadian Firearms Registry System since December 1, 1998 to clarify
any misconceptions that are prevalent at this time. Such an effort will also have a significant effect on the
grey and black markets, which are fed in part by the abovementioned
misconceptions. It will also aid in
recognizing the legitimacy of safe and legal firearm ownership by encouraging
the legal process.
UGF
REF. #2001-05
Issue:
There are a significant number of firearms that would fall within the boundaries
of Firearms Act subsections 12(2) to 12(6)
[prohibited] if their owners were permitted to qualify and register them.
These firearms were legally acquired as non-restricted firearms prior to
the cutoff dates being publicized. They
became restricted and then prohibited firearms through subsequently introduced
cutoff dates and Orders in Council. Their
owners were not aware that these firearms became prohibited at the various
cutoff dates. Many owners still do
not know that they possess prohibited firearms. The potential for disposal to questionable person’s
increases with time and as more publicity is done about these firearms within
the present legal parameters. The
unknown storage methods of these unregulated firearms may present a danger to
public safety.
Recommendation:
Withheld citing section 21(1)(a) of the Access to Information Act
UGF
REF. #2001-06
Issue:
Some parts [of
Bill C-15] continue to be debated and questioned as to their correct
interpretation due to the complexity of C-68 itself. The addition of an energy standard to the registration
exemption in C.C. [Criminal Code] 84(3) is an excellent example of
the ongoing interpretation debate, as is the “question” of what exactly
constitutes a “firearm”. In
addition, there continues to exist a pervasive mistrust of the firearm laws
among numerous firearm owners. Also,
the attendant anxiety attached to overly complex and difficult to comprehend
legislation feeds the underlying fear of confiscation associated with universal
registration, which is at the root of the above problems and will affect the
current registration initiative.
UGF
REF. #2001-07
Issue:
Modern percussion muzzleloaders are classed as firearms for registration
purposes by their not being included in the prescribed list of antique firearms.
However, modern percussion firearms are essentially the same as
percussion muzzleloaders manufactured before 1898.
Recommendation:
Withheld
citing section 21(1)(a) of the Access to Information Act
UGF
REF. #2001-08
Issue:
There is apparently some confusion in the firearms community concerning the
wording of a particular change in Bill C-15, relating to the addition of an
energy standard in the Criminal Code paragraph 84(3)(d).
Many groups are interpreting the change as if the energy standard would
create firearms from airguns, paintball launchers etc. Specifically, the use of
a double negative “not” in subsection 83(4) and 84(3)(d) combined with the
word “or” in sub-paragraphs 83(4)(d)(i-ii) is apparently the source of the
concern.
Recommendation:
That the amendments in Bill C-15 to subparagraphs 83(4)(d)(i-ii)
concerning the inclusion of an alternative energy standard together with the
current velocity standard be clarified by redrafting the wording, to present the
average reader with a clearer understanding of the legislative changes.
Rationale:
Clarity leads to maximum compliance and a minimum of error factor.
NOTE
#3: Section
21(1)of the Access to Information Act states: The head of a government
institution may refuse to disclose any record requested under this Act that
contains (a) advice or recommendations developed by or for a government
institution or a minister of the Crown.