Toughen gun laws: Ontario
Province to demand hike in mandatory minimum terms Attorney general to push for other Criminal Code changes
The Ontario government will demand an increase in mandatory minimum sentences for gun crimes at today’s meeting of federal and provincial justice ministers, confidential documents show.
According to a 15-page submission by Attorney General Michael Bryant, stamped “ confidential” and obtained by the Toronto Star, the province plans to use the three- day meeting in Whitehorse as a catalyst for extensive legislative changes.
“ Ontario believes that the sentencing provisions in the Criminal Code need to send the appropriate message when it comes to illegal firearms. This message should be one of ‘ zero tolerance’ for illegal activity related to the possession and use of firearms,” the brief says.
“ Ontario, therefore urges the federal government, in consultation with the provinces and territories, to undertake an immediate high priority review of the current firearms provisions in the Criminal Code as set out in this paper.”
Bryant is seeking mandatory minimum sentences for offences where they do not currently exist, “ such as for the crime of unauthorized possession of a firearm in a motor vehicle, in order to specifically combat driveby shootings and ‘ road rage.’ ” The attorney general, who on Friday participated in Toronto Police Chief Bill Blair’s news conference announcing November as a gun amnesty month, will also be lobbying for an increase in mandatory sentences for other firearms crimes, including trafficking and importing weapons. He did not suggest what an appropriate increase would be.
“ The current one- year mandatory minimum penalty is woefully inadequate as a reflection of the seriousness of these offences, as well as being an effective deterrent to the kind of person who is committing these offences,” says Ontario’s submission. As well, Bryant wants to create new offences subject to mandatory minimum sentences, including those related to breakandto steal a firearm, robbery where a gun has been stolen, possession of a weapon
and carrying a concealed gun.
Bryant plans to make his appeals to federal Justice Minister Irwin Cotler and the provincial and territorial ministers during the conference that gets underway this morning.
Entitled, “ Illegal Use of Firearms,” Ontario’s submission says it is time to build on the existing Bill C- 68, the 1995 legislation that deals with gun crime.
“ Ten years later, especially in light of events over the last couple of years and the very recent experience that has occurred in the Greater Toronto Area over the summer of 2005, there is a need to revisit the regime of punishments and offences contained in the Criminal Code to deal with illegal possession and use of firearms,” the brief says.
“ The law must reflect the abhorrence experienced by members of the public in reaction to the tragedies inflicted by gun crimes. Ontario believes that an urgent and immediate review of the current firearms laws in the Criminal Code is necessary.”
Ontario will also be demanding “ a review of the Youth Criminal Justice Act as it pertains to crimes involving firearms, to ensure that the most effective approach can be taken regarding young persons who commit serious crimes involving firearm.”
Finally, Bryant wants
to see new regulation
in place that would require ballistics identification for all guns
manufactured or sold
in Canada.
“This is obviously a useful technique to identify a firearm if it has been used in the commission of a criminal offence.
“ Where a criminal attempts to get rid of a firearm after an offence, a shooting or a homicide, such a gun may turn up somewhere else, or even be used in another crime in another location,” concludes the brief. “ Identifying a gun can often be a critical piece of information that can eventually assist in solving the crime.”