NOTE:  A version of this article also appeared today in the Regina Leader Post and the Calgary Herald.

PUBLICATION:              Edmonton Journal

DATE:                         2004.03.17

EDITION:                    Final

SECTION:                  News

PAGE:                         A1 / Front

BYLINE:                     Ryan Cormier, With files from Mike Sadava and Tom Barrett

SOURCE:                   The Edmonton Journal

DATELINE:                 EDMONTON

ILLUSTRATION:     Colour Photo: Journal Stock / Ralph Klein

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Judge's ruling not a call to arms, Alberta gov't says

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EDMONTON - Albertans shouldn't rush out to buy guns despite a judge's comments that people need firearms to defend themselves from criminals or carnivores, the provincial government warned Tuesday.

Premier Ralph Klein and Justice Minister Dave Hancock said Albertans do not need firearms for self-protection, a day after the release of a controversial ruling from St. Paul provincial court judge Don Demetrick.

Demetrick overturned a decision by a provincial firearms officer to deny a firearms possession and acquisition licence to a northern Alberta woman with a history of violence, alcohol abuse and psychological problems. In his written decision, Demetrick said people need guns to protect themselves from predators, human or animal.

"I would hope we're not at a stage where the public takes those comments as encouragement to go out and arm themselves to protect themselves," Hancock said. "We're in a pretty safe society." Hancock would not comment on the appropriateness of the judge's remarks.

Klein was also careful not to criticize the judge. But he made it clear he disagrees with Demetrick's sentiments.

"Do Albertans need firearms to protect them? You're asking my opinion? No, they don't," Klein said.

The Canadian Firearms Centre, which denied Brenda Pogson the licence in the first place, said it is now considering its legal options. Spokesman Thomas Vares said it's too early to be more specific.

Demetrick wrote that people living in "the coniferous forests of rural Canada" are sometimes killed by bears and cougars if they don't have guns to protect themselves.

"Similarly, in the concrete jungles of urban Canada, ordinary persons sometimes urgently require a firearm for use in lawful self-protection against the lethal attack of two-legged predators such as homicidal rapists or robbers, and of those mentally ill persons who on rare occasion engage in mass homicide for no rational reason."

Those comments concern Wendy Cukier, the president of the Coalition for Gun Control, who pointed out that guns are required to be kept unloaded and under lock and key.

Cukier noted that guns that originated in Alberta killed two RCMP officers, Const. Dennis Strongquill in December 2001 and Cpl. Jim Galloway last month. "The lack of attention to gun control in Alberta comes with a price," Cukier said. "One can only hope that the average person looking at this will know it's not in the public interest."

Demetrick ruled that Pogson, 40, should be granted a firearm licence because the fact that police officers opposed her application was irrelevant and the evidence presented by firearms officers was old and unreliable. That decision may be reasonable, even if Demetrick's broader opinions on firearms aren't, said University of Alberta law professor Sanjeev Anand.

"The point he's making, and perhaps it's a valid one, is perhaps this individual is no longer a risk to herself or others," he said. "It's reasonable to look at the most recent evidence and say the situation may have changed."

Last December, Pogson testified she had been sober for six months and had been coping with depression.

Firearm licence applications specifically ask about violence, mental illness or alcohol abuse to red-flag applicants who may require investigations before they are allowed to own guns.

Hancock said any concerns about the decision should be directed to the judicial council, which deals with complaints against judges.

Alberta Chief Judge Ernest Walter, who heads that council, couldn't comment on the ruling during the 30-day appeal period. He said no one has yet filed a complaint about the ruling.

rcormier@thejournal.canwest.com