ARCHIVED - Archiving Content ARCHIVÉE - Contenu archivé Archived Content Contenu archivé Information identified as archived is provided for L’information dont il est indiqué qu’elle est archivée reference, research or recordkeeping purposes. It est fournie à des fins de référence, de recherche is not subject to the Government of Canada Web ou de tenue de documents. Elle n’est pas Standards and has not been altered or updated assujettie aux normes Web du gouvernement du since it was archived. Please contact us to request Canada et elle n’a pas été modifiée ou mise à jour a format other than those available. depuis son archivage. Pour obtenir cette information dans un autre format, veuillez communiquer avec nous. This document is archival in nature and is intended Le présent document a une valeur archivistique et for those who wish to consult archival documents fait partie des documents d’archives rendus made available from the collection of Public Safety disponibles par Sécurité publique Canada à ceux Canada. qui souhaitent consulter ces documents issus de sa collection. Some of these documents are available in only one official language. Translation, to be provided Certains de ces documents ne sont disponibles by Public Safety Canada, is available upon que dans une langue officielle. Sécurité publique request. Canada fournira une traduction sur demande. FI REARMS & T HE I P. CONTROL I "r CATIP_DA : WORKING '?EE TS 1 P. Stenning, editor HV 8059 F5 1978 I Ci7?' 11 FIREARMS & THEIR CONTROL IN CANADA: WORKING PAPERS\ LIBRARY MINISTRY OP THE SOLICITOR GENirP Itou UG 2 1903 BIBLIOTHÈQUE MINISTÈRE DU P. Stenning, editor SOLLICITEUR GÉNÉRAL Prepared under contract with the Solicitor General of Canada. or The views expressed in these working papers are those of the authors and do not necessarily reflect the views of the Solicitor General of Canada. December 1978 I TABLE OF CONTENTS Foreword Summary 1 Acknowledgements 1. Canadian Firearms Laws to 1976 2. Gun Control in Canada: A Discussion of Public Reaction 3. The Control of Firearms in Other Selected Jurisdictions 4. Firearms and Suicide 5. Hunter Safety Training in Canada 6. Guns and Violence 7. Guns in Canada: A Review of Statistics 8. Selected Bibliography FOREWORD FOREWORD In the spring of 1975, the then Solicitor General of Canada, the Honourable Warren Allmand, established the Working Group on Gun Control as a departmental task force. The purposes of the Working Group were to examine the area of firearms ownership and use in Canada, to review existing legal controls of firearms, and to make recommendations as to what changes in the law relating to firearms may be necessary. As the Working Group set about this task, it quickly became aware of the dearth of reliable information and literature on the Canadian situation with respect to the subject of its inquiries. Almost all of the information and literature which was available at that time related either to the United States or to the United Kingdom. Confronted with this situation, the Working Group and the Ministry's Itsearch Division commissioned several persons to undertake preliminary studies of various aspects of firearms ownership and use in Canada. The primary objective of this initial research program was to provide the Working Group with at least a minimum degree of accurate information to enable policy discussions to be undertaken. A second objective was to identify the extent and limitations of existing information on firearms ownership and use in Canada and to indicate what areas would be the subject of more research at a later stage. The papers which appear in this volume are the product of this initial research program of the Working Group.* As such, they constitute a unique contribution to the debate concerning firearms and their control in Canada. Thus it is intended that this volume will be a valuable source of information for all who may participate in the aun control debate in Canada. It is also hoped that this * For a more detailed account of the genesis of these papers, see the "Acknowledgements" section. - 2 - first major collection of research material related to firearms use in Canada will be a stimulus to further research in the area. In addition, these papers represent an indication of what research inputs were used in the development of a major area of criminal justice policy. Since the research papers in this collection were pre- pared in 1975 and early 1976 much of the statistical material and all of the references to existing firearms legislation •are based on data which were available in 1975 and on the legisla- tion which existed at that time. The' only attempts to reflect later developments include a summary of the amendments proposed in February 1976, which is contained in the paper "Canadian Firearms Laws to 1976",and a brief reference to the Gun Ownership Survey carried out in August 1976, which is contained in "Guns in Canada: A Review of Statistics". Other significant developments have taken place between the completion of the research papers and the eventual amend- ments to the legislation. By the Fall of 1976 the amendments which had been proposed earlier that year had not completed the legislative process and the Government did not proceed with them in the subsequent session of Parliament. Insteadtin April 1977 the Government introduced in Parliament new proposals to amend Canada's gun control legislation. By August the amendments had been passed by Parliament and had received Royal Assent. The new legislation was proclaimed in two stages namely on January 1, 1978 and on January 1, 1979. The amendments which came into effect on January 1, 1978 included significant changes to the definition of restricted and prohibited weapons, new penalties for the criminal misuse of firearms, expanded powers of search and seizure by police of firearms in threatening situations, greater powers for the courts to prohibit the possession of firearms by dangerous persons, and new criminal penalties for carelessly handling or using a firearm. The restricted weapons category was expanded to include semi-automatic rifles with a barrel length of less than 18 inches,and which discharge centre-fire ammunition. In addition, persons wishing to acquire a restricted weapon now must cite a specific reason for doing so. The criteria for ownership of a restricted weapon include at least one of use for protection of life, use in a lawful profession or occupation, use in supervised target practice, use as part of a bona fide gun collection, or use as a relic. The legislation also expanded the category of prohibited weapons to include fully automatic firearms as well as operable rifles and shotguns with a barrel length that has been modified to less than 18 inches long, or which can be fired when overall length is less than 26 inches. In addition, no persons other than bona fide collectors can acquire or own a fully automatic weapon.' However bona fide collectors who legally owned a fully automatic weapon as of January 1, 1978 can sell or trade these weapons with other bona fide collectors. The amended penalty provisions for criminal misuse of a firearm Specify that Use of a firearm while committing or attempting to commit an indictable offence carries a mandatory prison sentence of one to fourteen years for a first conviction. Subsequent convictions carry a mandatory penalty of three to fourteen years imprisonment. This' sentence'will be served Consecutive to any prison sentence imposed for the offence in which the firearm was used. In addition, carrying a concealed' weapon or possession of an unregistered restricted weapon is punishable by up to five years , imprisonment, or is an offence punishable on summary.conviction:-1 The expanded powers of search and seizure allow police to search for and seize a firearm without a warrant if there is an immediate danger to the Safety of an individual, and if it is impractical to obtain a warrant. In addition police must furnish an immediate report to a magistrate after any search and seizure has taken place whether or not articles were seized and whether or not a warrant was obtained. The authority to prohibit the ownership and use of firearms and ammunition has been expanded so that persons who have been convicted of an indictable offence involving violence, or any offence involving firearms could be the subject of a court-ordered prohibition for a period of up to ten years. In a more serious class of offences outlined in the legislation, prohibition will be automatically imposed after conviction. The prohibition period will commence after the person has served any prison sentence imposed for the offence. In addition, the police may apply to a magistrate for an order . prohibiting persons who exhibit dangerous or threate- ning behavior.from owning or using a firearm for a period of up to five years. These persons will be notified beforehand . and in writing of their right to oppose the application to a magistrate'for a prohibition order. The prohibition.order \of the magistrate is appealable to the appeal Court. Ns: The amendments which , came into effect on January 1, 1978 also Provide penalties for'persons who carelessly handle, use, or store weapons and ammunition. These penalties, range from a fine to five years' imprisonment, depending on hOw the courts interpret the 'seriousness of the offence. ' The aMendments which were proclaimed on january 1, 1979 , established the Firearms Acquisition Certificate (FAC) system ., affects individuals, and the business permit system which which affects all manufactUring, wholesale, and retail businesses • which deal in firearms and ammunition. The FAC provisions require that any person over 16 years of age who wishes to acquire a firearm through purchase, borrowing and the like must be the holder of a FAC.