October 20, 2004

The Honourable Irwin Cotler, P.C., M.P.

Minister of Justice and Attorney General for Canada

Department of Justice

284 Wellington Street

Ottawa, Ontario

K1A 0H8

Dear Minister:

Re:  YOUR PLAN FOR NEW DOMESTIC VIOLENCE LEGISLATION

On August 27, 2004, the newspaper headline read: “Cotler targets domestic violence: Legislation pending”.  You were quoted as saying, "We've got a group that is looking into the question of domestic violence and will be reporting to me in due course.”  I urge you to take a serious look at what is wrong with your existing domestic violence legislation and programs before you introduce new legislation.

In 1995, Justice Minister Allan Rock promised Parliament that firearms, “registration will assist us to deal with the scourge of domestic violence,” and further that, “lives will be saved.”  Recently released Statistics Canada figures show domestic homicides are still going up: from 209 in the three years 1998 to 2000; to 249 in the period from 2001 to 2003 (see statistical tables attached).  They also found that more than three quarters of family homicides are committed using something other than a firearm.  Despite the fact that handguns have been registered since 1934, why is the use of handguns in domestic homicides committed with firearms increasing?  And, after spending more than a billion dollars, why are 75% of the firearms used in domestic homicides unregistered, and why 62% of the accused unlicenced?  Most importantly, why didn’t the Firearms Act save lives as your predecessor promised?  Shouldn’t parliamentarians have the answers to these important questions before you start drafting new legislation?

Former Justice Minister Rock also correctly noted during the debate of Bill C-68 that, “Typically, somewhere along the line [in domestic violence cases] the court has made an order barring the aggressor from possessing firearms.”  Knowing this fundamental truth, why does the Firearms Act completely ignore more than 200,000 convicted criminals that have already been proven, by the courts, as too dangerous to have guns?  Only the two million law-abiding, licenced gun owners are required to report their change of address and submit their homes to government “inspections”.  Statistics Canada’s annual homicide report recently confirmed who the right target is for this country’s gun laws.  Sixty-nine percent (69%) of persons accused of homicides were already known criminals including five that had been previously convicted of murder.  Why don’t convicted criminals have to report their change of address?  Why doesn’t the Firearms Act authorize police to periodically “inspect” the homes of those prohibited from owning firearms to see if they have acquired more guns illegally?  Shouldn’t parliamentarians have the answers to these questions before you start drafting new legislation?

Finally, your government recently offered as evidence of the Firearms Act success that they have refused and revoked over 12,000 firearms licences since 1998.  But this pales in comparison to the United States’ successful blocking of 378,986 illegal gun sales over the same period without a prohibitively expensive firearms licencing and registration scheme. 

When you bring in this legislation you will no doubt promise, just as earnestly as Minister Rock did, that it will curb domestic violence and save lives.  Shouldn’t parliamentarians be given an independent assessment by the Auditor General of the Firearms Act’s true cost and true effectiveness before we pass more legislation? 

Sincerely,

[Original signed by]

Garry Breitkreuz, MP

Yorkton-Melville

cc:       The Honourable Anne McLellan, P.C., M.P.

            Minister of Public Safety and Emergency Preparedness

            Mrs. Sheila Fraser, Auditor General of Canada

Attachment:             

STATISTICS CANADA: UPDATED DOMESTIC HOMICIDE TABLES

http://www.cssa-cila.org/garryb/publications/DomesticHomicides-1995-2003-2004-10-07.xls