From skeeter@skatter.usask.ca Wed May 31 16:13:42 1995 From: Skeeter Abell-Smith To: skeeter@skatter.usask.ca Subject: put this on FTP Content-Length: 12958 Status: RO X-Lines: 240 ----- Begin Included Message ----- >From cdn-firearms@skatter.usask.ca Thu May 25 21:00:23 1995 Originator: cdn-firearms@skatter.usask.ca To: skeeter@skatter.usask.ca Subject: Text of Premier McKenna's letter to Rock X-Listprocessor-Version: 6.0c -- ListProcessor by Anastasios Kotsikonas This message was submitted by "Frank H.RYDER" to list cdn-firearms@skatter.usask.ca. If you forward it back to the list, it will be distributed without the paragraphs above the dashed line. You may edit the Subject: line and the text of the message before forwarding it back. If you edit the messages you receive into a digest, you will need to remove these paragraphs and the dashed line before mailing the result to the list. Finally, if you need more information from the author of this message, you should be able to do so by simply replying to this note. ----------------------- Message requiring your approval ---------------------- Sender: "Frank H.RYDER" Subject: Text of Premier McKenna's letter to Rock Mr Robert D.Kierstead, Head Coach of Canada's Olympic Shooting Team, has received a copy of the following letter from Premier McKenna. He has instructed me to post it so that you may be made fully aware of the substance contained therein. It may contain a few scanos. It was published in it's entirety in both the (Saint John) Telegraph Journal and the (Fredericton) Daily Gleaner today, May 19, 1995. Frank __________________________________________________________ Hon Allan Rock Minister of Justice Dear Minister: I wish to take this opportunity to express myself directly to you on your recently tabled firearms legislation. As you undoubtedly know, our caucus members have chosen to act according to their conscience on this matter and I have respected that position. While it has provided a most democratic way of reflecting the concerns of constituents, it does not provide for the type of consensus that would allow us to appear before the Standing Committee with a single government position. Consequently, I am writing to you to reflect the input that I have received from a wide variety of New Brunswickers and to share my personal views on this important piece of legislation. I would like to begin by stating that I strongly support the primary purposes of Bill C-68 - that of improved public safety, as well as increased sanctions against the criminal use of firearms. I sense widespread support and justification for those parts of Bill C-68 that include stiffer penalties for the use of firearms to commit an offence, new Criminal Code offenses for illegally importing and trafficking in firearms, and for banning the importing and sale of certain small calibre, handguns and assault rifles. Canadians have displayed their willingness to maintain a fair and reasonable control and use of firearms. Registration of handguns was introduced in Canada in 1934. Firearms control legislation was expanded in 1977 with Bill C-51 and again in 1991 with Bill C-17. Hunter safety courses that are now being given in a number of provinces across Canada, including New Brunswick, have resulted in a decline firearms and hunting accidents due to carelessness. In New Brunswick about 50 per cent of our hunters have now taken a hunter safety course and the results have been very positive. The Honourable Jane Barry, Solicitor General, has recently written to you requesting that New Brunswick be permitted to grandfather the New Brunswick Hunter Education Course. The requirement to pass the Canadian Firearm Safety Course before acquiring or renewing a Firearms Acquisition Certificate (FAC) has also had a positive effect on firearm safety. It is my obligation, however, to convey that a great deal of opposition exists in New Brunswick to various aspects of the proposed legislation. I would normally discount criticism that is generated by irresponsible groups or individuals or financed and organized by well funded pressure groups such as the NRA. However, the arguments that have been persuasively advanced to me come from responsible, reasonable and well-informed New Brunswickers, many of them friends and acquaintances, who sincerely believe that aspects of the legislation are flawed. Nearly 35 per cent of New Brunswick households own firearms, the majority of which are used for hunting and recreational purposes. In 1994, 140,000 hunting licences were issued, of which 3,000 were granted to non-residents. These are substantial numbers and it is important that, in the pursuit of the principles outlined in the firearms legislation, legitimate gun owners are not overly burdened or penalized. As a result of my consultations with various members of the public I would like to offer several comments and suggestions that may be helpful to you in refining your proposed legislation. Some are minor in nature while others address central elements of the proposed legislation. The legislation contains insufficient respect for the preservation of family heirlooms. These firearms of special historical significance must be allowed to be passed down, as simply as possible, to other family members as part of an estate. A similar practical problem is raised with respect to museum collections. It is inconsistent with the public interest that museums not be exempted from registration fees and I would strongly urge consideration of such a blanket exemption. I have been advised of a number of practical problems that can be resolved with a modicum of goodwill on the part of the Government of Canada. For example, historical re-enactments using black powder are well established in the Province of New Brunswick. Amendments could ensure that such re-enactments are not adversely affected by the bill. Similarly, competitive shooting is very popular in the Province of New Brunswick and a practical means must be found to exempt from the prohibited class handguns which are used in competitions recognized by the International Shooting Union. Another extremely practical problem in the Province of New Brunswick is anticipated by outfitters. Out fitters represent a major industry in our province and their clientele often come from outside Canada. It is absolutely imperative that, if a system of registration is mandated, outfitters be consulted and a satisfactory system arranged for temporary licences or registration certificates which can be obtained in advance. A reasonable option could allow hunters from outside Canada to use a firearm provided by the outfitters or guides. A scheme must be developed which provides for extremely expedient service and minimal cost. The outfitting industry is significant in our province and across this country, and the cause of gun control is little served by measures which impede the legitimate business carried out by our outfitters. The inspection powers and powers of search and seizure referred to in the legislation have an unreasonably low threshold for grounds to enter and search. It is strongly urged that when dealing with the potential inspection or search and seizure from private dwellings that we ensure that the values enshrined in the Canadian Charter of Rights and Freedoms be respected. The proposed National Firearms Registration System is a major concern to a significant number of New Brunswickers. This concern is based upon a sincere belief that such a registration system will be unnecessarily burdensome and costly. More over, it is difficult to see a clear connection between the firearms-related issues that the federal government is trying to address and the solution that is being proposed through the registration of firearms used for recreational purposes. It is worth noting that while the Atlantic region shows the fourth highest percentage of households in the country owning firearms, it also shows the lowest homicide rate in the country (1.4 per 100,000 population, 1992). I do not entirely share this anti-registration sentiment. In the interest of compliance, I believe that a modified course of action could substantially accomplish the intent of the legislation that is proposed by the Government of Canada without materially adding to the bureaucracy or cost. The present Firearms Acquisition Certificate (FAC) will in effect be replaced by a Firearms Possession Certificate (FPC). This is understood to mean that anyone who wishes to buy, borrow, lend or possess a firearm will require this permit. I feel that most New Brunswickers would support a system which provides for the identification of firearm owners (FPC), types or classes Of firearms owned by the FPC holder, and an information system which registers all dealers' transactions related to firearms including rifles. I also believe there is continued support for a Firearms Registration Card by which firearms can be identified through their serial numbers as proposed in the legislation provided that such registration is linked only to restricted: weapons and not extended to individual sporting rifles and shotguns. I wish to make the argument to you very forcefully that much of what you wish to accomplish could be achieved by better monitoring and enforcing the existing system. This would include the data entry computerization of all firearm transactions reported by retailers since 1978, as well as a new requirement that gun sale dealers/ retailers not only record this transaction data but also report the same data to a central agency. I believe the latter information will provide significant relief to police officers attempting to establish the ownership of a particular firearm. Furthermore, the provisions presently stated in the bill relative to the importation of firearms are absolutely crucial and should result in a much better control of illegal importation or sale after importation. In fact, I would suggest that the substantial monies that could be saved from foregoing the registration system for sporting rifles and shotguns be applied to anti-smuggling activities. Finally, there are aspects of your legislation that I would submit merit more substantial commitment. Family violence and the victimization of women and children are critical issues. The FPC should become one of the instruments of deterrence. Regulation should be written to state that anyone convicted of these crimes would have their FPC cancelled and any firearms confiscated. Zero tolerance should become the order of the day. A further suggestion for improvement is with respect to public education in firearm use and hunter safety training. These initiatives have enjoyed considerable success across the country and should be expanded to go hand-in-hand with the modified FPC program. I believe the federal government should direct some of the savings from a national registry system to help the provinces implement more intense public education and training programs in partnership with organizations interested in hunter safety and in promoting the safe use, handling and storage of firearms. In conclusion, I would emphasize that New Brunswick, like other parts of Canada, is strongly supportive of vigorous gun control enforcement. I believe these suggestions that have been advanced through our citizens can provide a better legislative framework. I also firmly believe that our modified approach to registration will achieve the results you desire at much lower cost and complexity. If the Government of Canada chooses to proceed with a National Firearms Registry for sporting rifles and shotguns, I would strongly urge that you include a number of responsible user groups in a consultative capacity and as on-going operational advisers. A large number of users in Canada are sceptical of the intention of the federal government. They are also sceptical of the cost and the bureaucracy. Involving responsible user groups at the very outset would help relieve much of that anxiety and ensure that mutual respect is maintained between the law of the land and the people. I would also strongly urge that if registration proceeds, more reasonable and appropriate sanctions be applied to those innocent Canadians who inadvertently fail to register. A criminal sanction is a very serious penalty and should not be imposed frivolously or for non-traditional criminal type behaviour. I would strongly urge decriminalizing some aspects of the potential offenses associated with failure to register. I do believe that strong gun control legislation is a defining issue for Canadians. It separates us in a very positive way from our American neighbours. Consequently, my suggestions for improvement are functional and not philosophical. I hope these suggestions may be helpful to you in your consideration of this complex and controversial national issue. Frank McKenna Premier, Province of New Brunswick ----- End Included Message -----