The Problem with Trudeau's Firearms Ban

The recent Order in Council put forth by Justin Trudeau in response to the tragic events in Nova Scotia has caused no small amount of public debate. However, the ban itself is problematic in the way it was implemented, but also because it won't do a single thing to stop another massacre.

Now full disclosure, I like guns and have absolutely no problem with people owning them. I also think that the government is right to try and regulate what kind of weapons can be owned, there really is no reason for an individual to own a weapon which can be made to go fully automatic (which is a terrible waste of ammunition anyway). I am of the personal opinion though, this Order in Council was simply a publicity stunt, however well meaning it might have been. I hope to outline both why the gun debate in Canada is long settled, and why the current ban will do absolutely nothing to prevent another massacre.

Via Tactical-life.com

First though, let me clear something up. There has been a lot of push back from gun owners regarding the ban. Many claiming it infringes on their "right" to own weapons. Important thing to know, in Canada you do not have the right to bear arms. There is no second amendment like law which ensures Canadians have access to weapons, and we are probably better off for it. The law is very clear on that fact, and the Supreme Court has ruled twice, quite comprehensively, on the subject.

The first Supreme Court case to rule comprehensively on the issue was 1993's R. v. Hasselwander it was declared, in a specific rebuttal to an appeal to American ideals: The American authorities should not be considered in this case. Canadians, unlike Americans do not have a constitutional right to bear arms. Indeed, most Canadians prefer the peace of mind and sense of security derived from the knowledge that the possession of automatic weapons is prohibited.

In 2005 in R. v. Wiles it was confirmed that: "Possession and use of firearms is a heavily regulated privilege, and the loss of that privilege does not support a finding of gross disproportionality because it falls short of a punishment “so excessive as to outrage standards of decency” Thus confirming that the ownership of firearms in Canada is indeed a privilege. 

Owning firearms in Canada is very well regulated, and while handguns can be owned under very strict circumstances, it is very rare. There are an estimated 12.7 million firearms in Canada, and by and large, we seem to be very responsible gun owners and our current laws work. Even with a relatively large percent of personally owned weapons, gun crime is very low in this country, even if it has been rising in some urban areas. I would personally say this is a victory for our firearms laws and our own gun culture on the whole.

Hopefully this has been educational regarding both the existing laws, and gun crimes in this country. Now let's talk about why the ban will do no good.

I want to draw attention to the fact that the shooter in Nova Scotia actually did not legally own the firearms he used in the attack. They were in fact smuggled in from the United States. This is not unusual in Canadian crimes. It is estimated 70% of the weapons used in Canadian gun crimes come into the country illegally from the United States. These statistics, I think, bear out that any attempt to ban the ownership of guns in the hands of law abiding Canadians, with whatever intention, is utterly irrelevant in actually preventing the importation of illegal guns into the country.

If the Liberal government truly wants to act in practice to reduce gun crime, they should be working harder to stop the illegal importation of weapons into the country through a bilateral solution. Instead, they have chosen to act in a way which not only comes off as antagonistic, but is also not addressing the root of the problem. What is worse is that 2019 Angus Reid polling found that a majority of gun owners would be receptive to a total assault weapons ban. The optics of the Order in Council are, if anything, terrible, and now are dependent on a broad coalition to actually pass legislation - which since the Liberal government declined to adopt a formal coalition, puts them in hock to other parties.

While the Angus Reid polling does certainly suggest that support for items like handgun and assault weapons bans are high, even in a majority among gun owners, it also points to the fact that for the largest part of the population, this is a settled matter. Both in the courts of law and the courts of public opinion, these are not debates to be had. What has to be pointed out however, is that rather than flashy 'feel good' bans like the current move, we should instead be raising public awareness of what will actually go towards preventing massacres like these from happening again.

There is much more that could be done, like the aforementioned better attempts to crackdown on illegal imports, bilateral agreements with our neighbors, or even fighting to bring back the long gun registry. Raising these issues is much more helpful than a sudden and unexpected ban, and this is the conversation our leaders should be having.

It isn't an outright ban of certain weapons, but well researched and implemented policy which will help address Canadians' fears. So far, we seem to be lacking that from our elected leaders.