Will the Liberals' 'common sense' gun law changes do anything to address the spike in gun violence? - Action News
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Will the Liberals' 'common sense' gun law changes do anything to address the spike in gun violence?

As major Canadian cities face a spike in gun violence Toronto alone has seen 10 people shot in the last five days local leaders are calling on the federal government to do more to help them grapple with a wave of gang-related crime. Does the government's new firearms bill do enough?

New gun control bill doesnt go far enough in tackling disturbing trend in gun crime, critics say

A recent spate of shootings in Toronto has officials and residents looking for answers. (Tony Smyth/CBC) (Tony Smyth/CBC)

As major Canadian cities face a spike in gun violence Toronto has seen 10 people shot in just the last five days local leaders are calling on the federal government to do more to help them grapple with a wave of gang-related crime.

In response to these pleas, the federal Liberals are pointing to their multi-million dollar spending plan for a guns-and-gangs initiative, and new legislation Ottawa says will tighten the country's firearms regime and keep more guns out of the hands of criminals.

But will the bill slow the circulation of crime guns used to commit these increasingly brazen homicides?

Liberals have pitched the bill, C-71, as a collection of "common-sense measures that will crack down on illegal handguns and assault weapons, creating safer communities" while "protecting the rights of law-abiding gun owners." The changes were explicitly promised in the last Liberal election platform as a way to reverse a decade's worthof Conservative government changes to gun rules that the Trudeau governmentclaims have bolstered gun-related crime.

Critics maintain the bill is nothing more than a symbolic sop for gun control advocates that will penalize lawful gun owners by burdening them with unreasonable regulations. Advocates say troubling crime stats demand action.

Between 2013 and 2016, according to the Canadian AssociationofChiefs of Police,the number of criminal incidents in Canada involving firearms rose by 30 per cent, while the number of gun homicidesspiked by60 per cent.

(Some have criticized the use of 2013 as a baseline year because itsaw Canada'slowest rate of criminal homicides in 50 years, and the lowest rate of fatal shootings ever recorded by Statistics Canada making any comparison look particularly dire.)

"This is a Canadian problem and it's a Canada-wide problem. We need to tackle it head-on in ways that are effective and focused on public safety outcomes, while ensuring the firearms owners and businesses are treated fairly and reasonably," Goodalesaid at a recent Commons committee meeting studying the legislation.

"BillC-71accomplishes those objectives."

Three aspects of the bill which is still before the House of Commons at the third-reading stage are seen as crime-fighting measures.

First, it tasks the RCMPwith enhanced background checks which would coverthe entire history of a would-be firearms licensee rather than the current standard of a five-year check to weed out people considered too risky to own a gun.

Second, the bill would require that firearms businesses keep track of all their sales including sales of non-restricted firearms, like shotguns to help police trace guns used in crimes, detect "straw purchasing" schemes (where someone permitted to own a gun buys for someone banned from owning a gun) and identify trafficking networks. It's a measure that existed in law before, but was dismantledin 1995 with the introduction of the now-defunct long gun registry.

A rifle owner checks the sight of his rifle at a hunting camp property in rural Ontario, west of Ottawa, on Wednesday Sept. 15, 2010. Gun control advocates want police to have easy access to firearms sales data. (Sean Kilpatrick/Canadian Press)

Third, the billwouldimplement a system to flag "large, unusual" transactionsmade by those who have a "possession and acquisition license" (PAL) to prevent the diversion of legally procured guns into criminal hands.

Under the new law, the records would be owned and maintained by the retailers themselvesand would be accessible to police only if they obtain a warrant.

While some gun rights advocatesargue this sales log ruleis simply the highly-controversial gun registry returningunder another name, gun control advocates say the Liberals haven't gone far enough thatthey should have restored the so-called "1977 provisions."

That is a reference to a firearms law that once forced gun retailers to record all firearms sales, document purchasers'firearms license numbers and the serial numbers and models of firearms sold, and make those records easily available to police looking to trace non-restricted firearms. Those gunshave become increasingly difficult to track as they do not need to be registered like restricted firearms (such as handguns) and prohibited guns.

The Liberals already haverejected an amendment to make the sales records more readily available to police.

'It is simply not a federal long gun registry. Full stop. Period.'

6 years ago
Duration 7:41
Public Safety Minister Ralph Goodale discusses the government's new gun control bill and the concerns that some provisions may amount to a 'backdoor gun registry.'

"This is a political decision. It has absolutely nothing to do with the evidence," WendyCukier, a professor atRyersonUniversity and the president of the Coalition forGun Control, said in an interview with CBCNews.

She said it's a myth that handguns alone are used in the commission ofcrimes, pointing to an incident in Toronto on Saturday which allegedlysaw a womanarmed with a shotgun openfire on two pedestrians ina fit of road rage. The woman has been charged with attempted murder and unauthorized possession of a firearm.

"We have real concerns, based on watching this issue for more than 30 years, that if you make it really difficult for the police to haveaccess to those records and you require that they go and get a search warrant before they can access them that's going to be a majorimpedimentto the tracing process and add to the costs considerably,"Cukiersaid.

She said she believes the Liberal government caved in to the "gun lobby" by rejecting demands for easier police access to store records.

"It's not a secret they're very worried about the politics of this. I didn't hear one substantive argument against the amendments that we proposed," she said.

"They're worried about rural caucus, they're worried about gun owners and most MPshave received at least a thousand letters from gun owners and virtually nothing from people who support gun control."

'Not a panacea to gun violence'

When asked recently if the Toronto Police thought Bill C-71 could reduce the frequency of gun crime, the supervisor of the force's organized crimeunit said it would be of "limited" value but still useful.

"I'm not sure that the bill addresses these things directly. What it does do is it enhances police capacity to investigate. That's all it does. It doesn't go a whole long way into the forest, but it does bring some enhancements, from a policing perspective,"Supt. Gordon Sneddon said.

"Gangs are the problem, but it's the guns that the gangs bring with them that are the real problem. From my perspective, where did those guns come from? What's the source of those guns? ... Every gun tells a story. It's really important that we understand that.

"There are elements within this bill that help toward that. It won't solve the issue."

MarioHarel, theGatineau, Que.police director who heads the Canadian Association of Chiefs of Police (CACP), said the bill is not a "panacea to gun violence" but fits into a larger strategy aimed at beating back an increase in domestic firearms trafficking cases.

"Since the long gun registry was abolished, the police have been effectively blind to the number of transactions by any licensed individual relating to non-restricted firearms," he said.

Like gun control advocates,CACP is recommending the government amend C-71to make it easier forpolice toobtain information about buyers from aretailer.

"The standard to obtain such a specific production order should be amended from 'reasonable grounds' to 'reason to suspect,'" Harel said.

Police say more firearms coming from domestic sources

Most concerningfor police are new stats collected by Toronto police and and investigators inB.C. that suggest more than 50 per cent of all firearmsused incrimes in Canada were purchased legallyin Canada, and were diverted to criminal elements either through the illegal arms trade or theft.

"It's a trend that's really disturbing. We identified it in Toronto and it's a trend that has continued across Canada," Sneddon said.

Goodale has pointed to these stats as reason enough to force all retailers to keep track of theirsales. Many already do.

"Police authorities have told me they would have said three to five years ago that the major source was smuggling operations coming in from the United States. However, they believe the nature of the source has changed," Goodale said, citing break-ins at pawn and gun shops as a particular problem.

But gunrights expertsmaintain this is anecdotal evidence and not backed up by facts gathered by Statistics Canada.

In fact, during a recent conference on guns and gangs,Lynn Barr-Telford, director general of health, justice and special surveys at Statistics Canada, saidthe origin of firearms involved in Canadian gun crime islargely unknown.

"At the height of the long-gun registry, Stats Canada documented that nine per cent of the firearms involved in homicides were registered," said Gary Mauser, a professor emeritus at Simon Fraser Universitywho runsa blog called Justice for Gun Owners.

"Other than police claims based on a secret, bloated definition, there's no support for the change in the source of crime guns. According to StatsCan, lawful owners cannot be a major source of crime guns. According to StatsCan, PAL holders are much less apt to commit murder than other Canadians."