Alberta pushes measures to challenge Firearms Act, asks for longer amnesty on guns

The Alberta government is fighting against an “increasingly hostile federal government” with a protocol to ensure charges by the Firearms Act are taken over by provincial prosecutors.

In a conference Thursday, Minister of Justice and Solicitor General Tyler Shandro says provinces hold the constitutional authority to handle any federal charges even though the federal government is the one to handle cases that involve the Firearms Act.

“Alberta has the expertise and the ability to handle Firearms Act matters. By taking back our constitutional jurisdiction, we are not only asserting Alberta’s rightful place in confederation, but also better serving Alberta’s law-abiding firearms community,” Shandro said.

The proposed protocols say it would not be in the public interest for those accused who lawfully obtained a firearm or prohibited device before May. 1, 2020, to not be prosecuted for possessing a banned weapon. This also includes if the device was reclassified as prohibited on May 1, 2020.

In addition, Shandro sent a letter to Minister of Justice and Attorney General David Lametti, saying he is “directing that jurisdiction over the handling of charges under the federal Firearms Act be taken over by Alberta’s Crown prosecutors effective Jan. 1.”

“This is the federal government trying … to remove legal firearms ownership, and they’re targeting Canadians who have lawfully purchased firearms rather than working on measures of safety in our communities,” Shandro said.

The province says that under Section 92 of the Constitution, it has jurisdiction over “The Administration of Justice in the Province, including the Constitution, Maintenance, and Organization of Provincial Courts, both of Civil and Criminal Jurisdiction, and including Procedure in Civil Matters in those Courts.”

The Canadian government put forward an amnesty on May 1, 2020, that allows firearms owners to possess firearms they purchase for the bans in place, which ends Oct. 30, 2023.

“We believe that the federal government will extend this amnesty period further as it becomes clear to the public — and to the media, that public safety can not pass the law or the resources to confiscate hundreds or thousands of firearms,” Shandro said.

He also says if the amnesty period isn’t increased, those holding firearms from the 2020 list would effectively be criminalized.

“We have seen the federal government go even further than we could have imagined with the proposed amendments to Bill C-21. These amendments ban hundreds of new models of legally owned shotguns and rifles,” Shandro said.

“If these amendments are successful, Bill C-21 would be the most sweeping, arbitrary ban in Canadian history.”

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Initially crafted as a hand-gun ban, Bill C-21 has seen new amendments made at the committee stage, which has some Canadians concerned that some long guns, including those commonly used for hunting, could be banned as well.

An amendment to Bill C-21, which members of Parliament are currently debating, aims to create an evergreen definition for “assault-style” weapons and enshrine it in law, allowing the government to ban hundreds of models of firearms.

He says the federal government plans to ban “all legally owned firearms” for all citizens.

Conservatives and firearms rights advocates have opposed the bill, saying this only punishes legally responsible gun owners and does nothing to deal with the real problem of preventing the illegal gun trade.

Treaty Chiefs have also sharply criticized the bill, along with the federal NDP.

WATCH

On Dec.8, chiefs carried an emergency resolution that was brought to the floor with unanimous support at their special assembly, which called on the Assembly of First Nations to push the federal government to make changes to the bill.

This includes ensuring that long guns used by First Nations hunters do not fall under the ban and improving its consultations with affected groups.

This comes after Alberta Premier Danielle Smith passed the controversial Alberta Sovereignty Within a United Canada Act, or Bill 1, on Dec. 8, but not without making amendments to the bill after it received widespread scrutiny.

Chiefs also have been critical of Bill 1, saying the government did not consult them before it rushed the bill through the legislature.

Earlier this week, Smith made comments that many interpreted as Ottawa’s treatment of Alberta equates to the systemic and horrific abuse of Canada’s First Nations.

In a brief statement issued after the meeting, the Confederacy of Treaty 6 Nations said, “it was clear from our discussions that Premier Smith does not understand Treaty or our inherent rights nor does she respect them.”

To date, Canada has prohibited over 1,500 models of assault-style firearms.

Meanwhile Justice Ministre David Lametti says they are still trying to understand “what Alberta is proposing to do.”

He adds Criminal Code firearms offences are already prosecuted by provincial prosecutors for the most part.

“While the criminal code falls under federal jurisdiction, the firearms act is a federal statute,” Lametti said.

He adds it would be “extraordinary” for police officers and federal prosecuters not to enforce the law.

“That would offend the constitution and the rule of law,” he said.

-With files from Kelsey Patterson and Xiaoli Li, CityNews, and The Canadian Press.