Alberta "Issues Protocol" To Crown Prosecutors To Handle Federal Gun Seizure Cases

In the wake of Saskatchewan's pushback against federal firearm seizure plans, Alberta's government now plans its own Firearms Act and today announced protocol for its crown prosecutors in handling cases related to federal gun bans.

You can see Alberta's Minister of Justice and Solicitor General Tyler Shandro's full, official announcement below, followed by Chief Firearms Officer Teri Bryant:

Here's the gist of what the province announced:

Alberta's crown prosecutors will determine whether or not to press charges under the Firearms Act, not federal lawyers. Those of you with long memories might recall this was basically the way it worked a little over a decade ago, when the long gun registry was in place. In some regions of Canada, conservation officers and other provincially-employed law enforcement officers cared very little, or not at all, for federal registration certificates. However, note that the province's crown prosecutors are very much within their discretion to press charges under the Firearms Act. If you get yourself in criminal hot water and you own a firearm, expect to pay the price.

Furthermore, the province says crown prosecutors are instructed to not pursue charges of possession of a banned firearm under certain conditions. The press release says the following:

The protocol states that it will not be in the public interest to proceed with prosecuting a charge of a possession of a banned firearm when:

The accused lawfully obtained the firearm or prohibited device prior to May 1, 2020.

The firearm or prohibited device was reclassified as prohibited on May 1, 2020.

The accused has not been charged with any other offences related to the possession or use of that firearm.

Again, if you commit a crime with a banned firearm, you will face charges for possessing that firearm. But if COs find you plinking with your Mini 14 in the woods? Sounds like you are safe. No doubt this is going to be expanded to include any firearms caught up in Bill C-21, should that become law.

We also get quote from Minister Shandro:

Albertans should not automatically be considered criminals because they own a firearm that was legally purchased and possessed. This new protocol for prosecutors will help prevent otherwise law-abiding individuals from facing criminal charges and potential time in jail. At the same time, law enforcement and prosecution resources can be prioritized for actual violent and repeat offenders while not further clogging our already busy courts.

This is basically the message we've seen from cities, provinces and even law enforcement opposing C-21 and the Order in Council of May ,2020. These target the wrong people and do little or nothing to battle true criminals, but leeching resources away from the struggle against crime.

See the whole press release here. Note that we don't actually have the text of the Alberta Firearms Act at this point, but it is expected in coming months.

Comments

comments