NOTE:  Versions of this article also appeared in the Ottawa Citizen (Page A1), Montreal Gazette (Page A14), Vancouver Province (Page A16), Calgary Herald (Page A9), Edmonton Journal (Page A2), Kingston Whig-Standard (Page 11), Saskatoon Star Phoenix (Page A10)

PUBLICATION:              National Post

DATE:                         2004.02.10

EDITION:                    National

SECTION:                  Canada

PAGE:                         A4

BYLINE:                     Tim Naumetz

SOURCE:                   CanWest News Service

DATELINE:                 OTTAWA

ILLUSTRATION:     Black & White Photo: Fred Greenslade, Reuters / A huntertosses a decoy into Cadham Bay, Man. The decriminalization of the gun registry is being urged so regular people do not end up being treated like criminals.; Black & White Photo: Jim Young, Reuters / Wayne Easter in the House in December. 

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Decriminalize unregistered guns: MP: Former solicitor-general: Taking gun registry out of criminal code would make law more palatable: Easter memo to Martin

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OTTAWA - Wayne Easter, the former solicitor-general, urged Paul Martin last year to take the firearms registry out of the Criminal Code in an attempt to get gun owners who are resisting the law onside.

In one of his last acts before losing his Cabinet post last December, shortly before Mr. Martin became Prime Minister, Mr. Easter wrote a four-page memo advising Mr. Martin how the new government could amend the firearms law to make it more palatable.

The memo, a copy of which was obtained by Conservative party MP Garry Breitkreuz, said the changes would correct "the misperception that firearms owners are treated like common criminals."

Although the government estimates that up to 90% of gun owners have complied with the law and obtained licences and registration certificates, it is widely accepted that tens of thousands of them are still not licensed.

The number of guns not registered is at least two million.

A November, 2003, briefing note obtained by Mr. Breitkreuz shows the Canada Firearms Centre registered a total of 343,683 guns between July 1, the final deadline for registration, and October.

During that period, people who registered firearms were in violation of the Criminal Code and the Firearms Act.

Mr. Martin has assigned Albina Guarnieri, the Minister for Emergency Preparedness, the job of reviewing the gun program. But the Prime Minister has also said the gun registry will be maintained.

Ms. Guarnieri has said all options remain open, while Liberal MP Roger Gallaway has said he believes Liberal and opposition MPs will vote down further funding for the registry when Parliament deals with estimates in March.

A spokesman for Ms. Guarnieri said she will not disclose proposals she is hearing from gun owners and other stakeholders until her review is complete.

"We're talking about a wide range of options right now, and we'll have to leave it at that at this point," said Mike Scandiffio, Ms. Guarnieri's communications director. "She's encouraging everyone to speak openly."

Mr. Easter advised Mr. Martin the government should "amend the Criminal Code to remove the offence for simple possession of an unregistered firearm, and place it in the Firearms Act [and] federal prosecutors will have primary responsibility to act and exercise their discretion in these cases."

Mr. Breitkreuz said even taking the registry out of the Criminal Code would merely be "tinkering," and noted eight provinces currently refuse to prosecute Firearms Act offences.

But Mr. Easter said in an interview yesterday that decriminalizing registration would be a more lenient way to treat gun owners who have not followed the law or who have refused to register to make a political point.

"I do think it would make sense to just keep the changes simple, just decriminalize the front end, and legitimate gun owners, a grandmother who happens to have not registered or somebody who's really offended with the system and hasn't registered, they would get a fine and not a criminal record," Mr. Easter said.

The placement of gun registration offences in the Criminal Code has been controversial since the legislation was tabled in 1995.

Opponents said it turned legitimate gun owners into potential criminals, while then justice minister Allan Rock argued stiff penalties were needed to ensure compliance.

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"POTENTIAL IMPROVEMENTS – FIREARMS PROGRAM"

Memorandum to the Minister, Bilateral Meeting, November 3, 2003

by William V. Baker, Commissioner of Firearms

http://www.cssa-cila.org/garryb/publications/Article272.htm

With respect to the Firearms Commissioner's “decriminalization” proposal:

(1) The Canadian Police Association recommendation went much further.  In a letter dated March 27, 2001 and sent to all MPs by Grant Obst, President of the Canadian Police Association wrote: “Consequences of simple non-compliance with the administrative requirements of the program, such as failing to notify CFC of change of address, should be treated in a remedial regulatory manner and not normally subject to criminal sanctions and/or licence revocation.”

(2) The recommendation from the Minister's User Group on Firearms went much further:  On January 31, 2003, the User Group recommendation to the Minister of Justice stated: “Decriminalize all firearms activities where no criminal intent or activity occurs.”