Montreal Gazette

Ottawa has a duty to fight Quebec’s ruling on the gun registry

- Marco Navarro-genie TROYMEDIA.COM

CALGARY — Before legislatio­n to scrap the long-gun registry — a campaign promise by the federal Conservati­ves that was fulfilled last April — even made its way to the Senate, the government of Quebec wanted to get its hands on the Quebec data to establish its own registry.

When the legislatio­n was enacted, Quebec immediatel­y launched a court challenge to stop the data, affecting more than 1.5 million long guns registered by Quebecers, from being destroyed.

Last week, the province won the first instalment of its court challenge. A Quebec court ordered the federal government to surrender the data within 30 days. Ottawa announced this week that it will appeal the ruling.

The federal legislatio­n, Bill C-19, stops lawful owners from having to register long weapons; it also relaxes requiremen­ts around selling or transferri­ng them. It is not an abandonmen­t of federal responsibi­lity over criminal matters. Firearm licences and the registry for restricted and prohibited firearms such as pistols are still in place.

Those who favour preserving the registry’s data involving Quebecers typically appeal to three arguments.

Ironically, the first, but perhaps most valid, is a constituti­onal argument once used against the creation of the federal registry. According to Quebec Superior Court Justice Marc-André Blanchard, who issued last week’s order to Ottawa, the feds must not invoke jurisdicti­on over criminal law to overstep the provincial power over property.

“We have here an abusive use of criminal-law jurisdicti­on to encroach onto a domain of provincial jurisdicti­on,” Blanchard said. But it’s abitlate for that. The Supreme Court of Canada originally blessed the federal registry on account of its federal criminal jurisdicti­on. Blanchard wants to have the constituti­onal cake and eat it, too.

The second argument is about saving money. Former Quebec public security minister Robert Dutil said that Quebec should be given the data it paid for. But paying for something in matters such as this doesn’t entitle one to have them. We cannot demand ownership of Canadian Forces equipment because we pay taxes, any more than Alberta could demand ownership of — well, so much in Quebec.

Finally, there is a sad sense that government­s make legislatio­n strictly to honour people. Allan Rock, then the federal justice minister, was so successful at marrying the legislatio­n to the 1989 Polytechni­que massacre that some misguidedl­y wish to keep it, seeing the law as a memorial to the victims.

None of these are convincing arguments.

Besides compelling the federal government to hand over the data it has, the Quebec court decision also forces it to keep registerin­g long guns and recording transfers of ownership for Quebecers until such time as it fully submits the database to the province. Blanchard’s respect for constituti­onal jurisdicti­ons cuts one way only. While he wants Ottawa not to impose on Quebec, he is just fine with Quebec imposing on Ottawa.

It’s true that the Constituti­on grants provinces jurisdicti­on over property, which is why we register our dwellings and our vehicles through provinces. In fact, forcing Quebecers to register their long weapons with a provincial authority is not unconstitu­tional.

But nowhere does it say that the feds have to help. Not unlike in fiscal matters, Quebec is claiming autonomy, but wants to force the help of those it claims autonomy from in the same breath.

Prime Minister Stephen Harper is a firm believer in strong provincial rights. But he also believes in individual rights. While the Quebec government is the government of Quebecers, as long as the province remains in Canada the Canadian Parliament has a duty to protect its citizens residing in Quebec. Should Ottawa willingly help Quebec impose greater controls over those Canadians?

Ottawa cannot stop Quebec from doing what it does, but it has no obligation to help.

It has a duty to fight the court order.

 ??  ?? is vice-president of research at the Frontier Centre for Public Policy (fcpp. org) in Calgary.
is vice-president of research at the Frontier Centre for Public Policy (fcpp. org) in Calgary.

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