As per our meeting with Gerald Soroka, our MP of Yellowhead, Alberta, who addressed our membership with the following details surrounding the status of various firearms legislation:

 

  • What is the current status of Bill C-21 An Act to amend certain Acts and to make certain consequential amendments (firearms) and any thoughts on implementation?

According to LegisInfo, Bill C-21, An Act to amend certain Acts and to make certain consequential amendments (firearms) is in consideration by the House of Commons’ Standing Committee on Public Safety and National Security.

Public Safety Canada provides a page titled A comprehensive strategy to address gun violence and strengthen gun laws in Canada: BILL C-21, An Act to amend certain Acts and to make certain consequential amendments (firearms), which gives an overview of the implementation strategy.

  • What is the status for legislation for mandatory sentencing for firearm crimes?

The status of legislation for mandatory sentencing can change quite rapidly, as it is based not just on changes to the legislation, but also on relevant court rulings. In some instances, courts have ruled that specific mandatory minimum sentences are unconstitutional.

The website Rangefindr: MMS.WATCH maintains a grid showing the current status of mandatory minimum sentences in the Criminal Code and in the Controlled Drugs and Substances Act. This site tracks court rulings regarding the constitutionality of those sentence provisions. In the table on this webpage, please click on the “weapons offences” tab. You will then find a grid with showing mandatory minimum sentences associated with specific firearms offences, along with the current status of those sentences based on court decisions.  This page is updated as new court rulings are released.  From the Supreme Court of Canada, the most recent decision listed here is R. v. Hilbach, 2023 SCC 3, which concluded that mandatory minimum sentences for robbery using either a prohibited or ordinary firearm do not constitute cruel and unusual punishment. Here is the Case in Brief.

Regarding recent amendments by Parliament, in the current session of Parliament, Bill C-5 received royal assent on 17 November 2022 and became An Act to amend the Criminal Code and the Controlled Drugs and Substances Act (S.C. 2022, c. 15). As explained in the Library of Parliament’s legislative summary:

Bill C-5 removes mandatory minimum sentences for 14 offences in the [Criminal] Code and all offences in the CDSA [Controlled Drugs and Substances Act]. The offences in the Code for which mandatory minimum sentences are removed predominantly relate to firearms or other weapons.

  • What is the status of Bail Reform?

An article by David Fraser titled “Justice minister says federal government giving bail reform ‘serious consideration’” was published by CBC on 9 February 2023. It gives a good overview on the developments on the bail reforms.

In 2018, Kyle Coady published an Assessments and Analyses of Canada’s Bail System.

The Premiers Demand Bail Reform in Letter to Prime Minister was published on 15 January 2023.

It also worth noticing that the House of Common’s Standing Committee on Justice and Human Rights has just begun a study on Canada’s Bail System.

  • In the wake of the failed amendment, does the Federal Government plan on consulting with responsible firearms owners?

Here is an extract from CBC’s article “Ottawa withdraws controversial amendments to firearms law” published on 3 February 2023:

Government House Leader Mark Holland said the government “needs more time” to consult with the firearms community before reviving some of the amendments that were scrapped — including a section that would have banned “ghost guns,” which can be bought online and assembled at home.

Other sources: the Canadian Shooting Sports Association, the Canadian Coalition for Firearm Rights, or the National Firearms Association. In the latter situation, the consultation will be announced via the Government of Canada’s Consulting with Canadians.

  • Our Alberta Government is proposing managing firearms legislation, is this a workable solution? Is this discussed at the Federal level?

First, Alberta’s Minister of Justice Tyler Shandro released the following statement Proposed expanded federal firearms ban: Minister Shandro on 23 November 2022. Then, the Alberta Sovereignty within a United Canada Act, SA 2022 cA-33.8 (Bill 1 of Legislature 30, Session 4 (2022-2023)) was assented to 15 December 2022. On the same day, there was a Letter to Minister of Justice and Attorney General of Canada from the Honourable Tyler Shandro.

According to media reports, “provincial governments can move forward on laws the federal government doesn’t agree with, Trudeau said, but the remedy for that is through the courts” (“Trudeau says Ottawa not interested in ‘fighting’ with Alberta after Sovereignty Act passes”, CBC News, 8 December 2022).

Whether or not Alberta’s proposal is a workable solution has not yet been determined by the Courts.

  • What does compensation for relinquishing firearms and Buy Back Program look like? Any thoughts on the timeline for implementation?

You may be interested in reading the Parliamentary Budget Officer (PBO) Cost Estimate of the Firearm Buy-Back Program published on 29 June 2021. The Executive Summary on page 3 indicates that “the details regarding how the voluntary buy-back program will be implemented remain unclear.”

Public Safety Canada published a Proposed pricing model for the assault-style firearms buyback program updated on 1 September 2022. However, no timeline is provided.

  • In session, what types of research supporting the legislation have been presented?

The House of Commons’ Standing Committee on Public Safety and National Security provides a list of witnesses, which comes from a array of governmental agencies, experts from academia as well as civil associations. Please click on the link labelled “Briefs” to access written submissions provided to the committee. For verbal testimony, open each meeting and check the Evidence.

  • Has the Government considered exemptions for competitive shooters?

Exemptions for competitive shootings have been debated at the House of Commons’ Standing Committee on Public Safety and National Security. Below is a selection of passages that might be of interest.

Here is an extract of the evidence of the first meeting on 4 October 2022:

Mr. Paul Chiang:

    Thank you so much, Mr. Dakalbab.

   * In regard to regulations for guns, can you explain to this committee how this legislation will ensure that sport shooters are protected and will be able to continue competing in their sports? I have a lot of sport shooters and clubs in my riding that are concerned about this new Bill C-21.

Mr. Talal Dakalbab [Assistant Deputy Minister, Crime Prevention Branch, Department of Public Safety and Emergency Preparedness]:

    Thank you very much, Mr. Chair.

    I think I mentioned earlier that we are working with Sport Canada and with the provinces and territories to ensure that we have clarity through the regulations on exactly what is required from these professional sport shooters.

    The threshold is high in the legislation. As you know, Olympic and Paralympic disciplines will be included, but the details of how we are going to apply this policy will be coming through regulations. We are going to consult as required for any regulations to clearly identify this and make sure it is well understood by everybody in these disciplines.

On the second meeting on 18 October 2022, Mr. Wesley Allan Winkel (President, Canadian Sporting Arms and Ammunition Association) said the following:

We also ask that this committee look at respecting all competition shooters with the same exceptions as Olympic target shooters. We have sport shooters at international competitions such as the Single Action Shooting Society, or SASS; the International Practical Shooting Competitions, or IPSC; and the IDPA. These are internationally recognized shooting competitions with trained shooters who have dedicated their lives to their sport. They conduct it in a safe manner and they’ve always adhered to the government regulations. There is no need to attack this community because certain guns are used in the criminal element.

On 25 October 2022, Ms. Julie Saretsky, (President, Alberta Mounted Shooters Association) said the following:

[…]

Again we ask that mounted shooting be part of the exempt parties listed in Bill C-21. There are many shooting sports that should be given recognition and exemption from Bill C-21, not just Olympic and Paralympic sports. Perhaps strong consideration should be given to turning the approval process over to the provincial chief firearms officers, as they’re most closely in touch with the competitors and the legitimacy of shooting sports within their provinces.

[…]

On 27 October 2022, Mr. Stéphane Wall, retired supervisor, Service de police de la Ville de Montréal, reported the following:

    I agree with Chief Bray.

    In terms of accommodations or amendments that need to be integrated into the bill, if the bill passes as it is now, at the very least we would need measures to accommodate hunters and sport shooters. Sport shooters are already members of a shooting club. Could we add more conditions, for example requiring that sport shooters, in addition to their regular training sessions, participate in a shooting competition at least once a year? That way, sport shooters who already have a licence and who are truly practising the sport could be exempted from all the measures contained in the bill.

[…]

Ms. Heidi Rathjen (Coordinator, PolySeSouvient) indicates the following on 1 November 2022:

[…]

The seventh is to restrict the exemption for Olympic shooting disciplines to those that are currently on the program of the Olympics. Failing to provide other legislative solutions, limit the exemptions to coaches and athletes who currently compete, train or coach in handgun-shooting Olympic disciplines, instead of the blanket exemption for any and all future beginners. In addition, the exemption should apply only to handguns that are used in Olympic disciplines. We would obviously strongly oppose any expansion of the exemption beyond the Olympic exemption.

[…]

  • If the Canadian public vote in the Conservative Party in the next election, would they repeal Bill C-21?  What would their priorities be in dealing with the firearms issue?

Pleas see: Conservative statement on the Liberals’ firearms legislation published on 16 February 2021.

Newspaper articles relating the Conservative Party’s position on firearms.

Finally, Hansard for 9 june 2022 indicates that the Conservative Party put forward a motion to split bill C-21 in order to accelerate the adoption of parts of the bill that bring a consensus and discuss other parts at a later date. The motion was dismissed.