Gun Control in Canada
Case Comment:
Introduction:
Gun control in Canada has a long and controversial history with supporters on different sides of the issue. There are those organizations who want the strictest gun control possible versus those pro-gun organizations that are staunchly opposed to tougher laws. The history of firearms control in Canada is rather widespread, dating back to early Confederation. The Constitution Act of 1867 divided legislative powers between the federal government and the provinces. The provinces were assigned property and civil rights powers under Section 92(27). The federal government was assigned powers relating to criminal law as well as a general power to legislate under peace, order and good government. In 1892, Canada's first Criminal Code required individuals to have a basic permit to carry a pistol unless the owner had cause to fear assault or injury. This first Criminal Code also created an offence to sell a pistol to anyone under 16 years of age while requiring vendors who sold pistols or air guns to keep a record of the purchaser's name, the date of the sale, and information that could identify the gun. Following the 1993 federal election, the Federal Government indicated its intention to proceed with additional measures, including a universal licensing system that would apply to all owners and a universal registration system that would apply to all firearms. Discussions over policy options culminated with the drafting of Bill C-68 (An Act Respecting Firearms and Other Weapons), which was tabled in the House of Commons on February 14, 1995, and received Royal Assent in December 1995. Bill C-68 brought about several changes in firearms controls. Criminal Code amendments providing harsher penalties for certain serious crimes where firearms are used (for example: kidnapping, murder, etc.). The Act also requires businesses to possess a license if they are to engage in activities related to firearms, other weapons, devices, and/or ammunition. In
Introduction:
Gun control in Canada has a long and controversial history with supporters on different sides of the issue. There are those organizations who want the strictest gun control possible versus those pro-gun organizations that are staunchly opposed to tougher laws. The history of firearms control in Canada is rather widespread, dating back to early Confederation. The Constitution Act of 1867 divided legislative powers between the federal government and the provinces. The provinces were assigned property and civil rights powers under Section 92(27). The federal government was assigned powers relating to criminal law as well as a general power to legislate under peace, order and good government. In 1892, Canada's first Criminal Code required individuals to have a basic permit to carry a pistol unless the owner had cause to fear assault or injury. This first Criminal Code also created an offence to sell a pistol to anyone under 16 years of age while requiring vendors who sold pistols or air guns to keep a record of the purchaser's name, the date of the sale, and information that could identify the gun. Following the 1993 federal election, the Federal Government indicated its intention to proceed with additional measures, including a universal licensing system that would apply to all owners and a universal registration system that would apply to all firearms. Discussions over policy options culminated with the drafting of Bill C-68 (An Act Respecting Firearms and Other Weapons), which was tabled in the House of Commons on February 14, 1995, and received Royal Assent in December 1995. Bill C-68 brought about several changes in firearms controls. Criminal Code amendments providing harsher penalties for certain serious crimes where firearms are used (for example: kidnapping, murder, etc.). The Act also requires businesses to possess a license if they are to engage in activities related to firearms, other weapons, devices, and/or ammunition. In
Cited: Summary: In Re Firearms Act (2000), a challenge was raised to Canada’s gun-control legislation, which is part of the Criminal Code