ۥ-@ - [#T T  U U U U U,5UYYYYY(YYZOZ[(<[<[<[<[<[<[<[>[>[>[>[>[>[\[4['\[ U\[\[ Translator's notes THE READER IS CAUTIONED THAT THIS DOCUMENT IS NOT AN OFFICIAL DOCUMENT This English version of the coroner's report is the effort of a single individual, not familiar with legal terms in either French and English and does not involve the coroner. Spelling and grammar errors in the French text are rare but the structure of the sentences is overly and unnecessarily complicated; as a dead give-away of the author's difficulty with written French, punctuation is used improperly as a crutch in an attempt to help make the text appear clearer. The translator has chosen to use a literal translation, using a style which is very close to the original text, rather than to produce an English version better than the French text. Inconsistent use of the punctuation, opened but unterminated quotes and all have been kept as they were in the original text. Indents, however, have been formatted as they should be, not as in the original. The general layout, typeface are as close as possible to the original. I have forced all page breaks to match the original text. Additional information not part of the original but which I felt was required to help the comprehension of the text [is shown between brackets and in italics]. When referring to other texts, the coroner uses the word "armes feu" as they appear in the source texts. I have translated that word by "firearms". In her own text, she uses the word "arme", which I translated systematically as "weapon". I do not know if the coroner used the word "arme" as simply short-hand or if she regards them really as offensive weapons. Note that in French, there is no equivalent to the generic "gun" word; the only words available are equivalent to pistol, revolver, rifle, carbine. Translating the legal terms and the title of legal documents has been difficult and I believe this is an application of a "well meaning amateur who should not come within a mile of drafting legislation" as put by the NFA. The English name I have given for the legal documents will probably look a bit weird but should nevertheless remain recognizable. I have used the English term "interested party" for the French word intervenant. The term mise en montre has been left as is because of the ambiguous way it has been used even in the original documents of the Federal Department of Justice. One ill-defined version would be "display". Expressions such as death by firearm are exactly as written by the coroner. Another difficulty was the psycho-babble. Again, I have tried my best and probably did not convey the exact meaning properly. Review by others to firm up this translation is more than welcome. I caution any one wishing to use this translation to be very careful when I dealt with legal or medical terminology. Finally, I recommend reading the first section which describes the last few days of five individuals who ended their lives. When reading the messages they left to their close ones, I got a better understanding where their relatives who are opposed to firearms ownership are coming from. I concluded that coroner Anne-Marie David conducted the inquiry fairly. She showed focus and common sense, not mincing words when commenting the more outrageous recommendations from the Coalition for gun confiscation. She also came up with a very quotable one-liner on the poor quality of the law as drafted (page 32). She hammers on that point repeatedly throughout the last part of her recommendations. And although not a civil rights litigation specialist, she had no difficulty comprehending that searching a residence without a warrant and without a motive is clearly not acceptable (page 48). Note that the reference material listed at the end as just that, the actual text is not included in the report. INQUIRY REPORT DEATHS OF RIC BOLA 71575 SYLVAIN BROCHU 69884 ALAIN DEMERS 71824 JEAN-FRANOIS LAFONTAINE 70672 CHRISTIAN RACICOT 67727 ACKNOWLEDGMENTS I wish to thank the families who have agreed to testify during the hearings, lawyer Catherine Halpenny, representatives of all interested parties, members of the Coroner's Office's Customer and Analysis Service who have studied deaths by firearms as well as all persons who worked unnoticed to prepare studies, questionnaires and polls required by the interested parties. I wish to thank particularly Lieutenant Guy Asselin, who, in addition to agreeing to testify on behalf of the Sret du Qubec, agreed to provide the public present during the hearings with a summary of laws and regulations pertaining to firearms. NOTES TO THE READER Throughout the report, usage of the masculine gender includes the feminine gender as appropriate in the context. [Translator's note: this is particular to the French language and was a normal rule until challenged by feminists -- not obeying this rule quickly results in unreadable text, as adjectives must be written in both masculine gender and feminine gender every time both male and female genders are involved -- and this applies to objects as well as persons.] Except for storage, which is mentioned in the decision to hold the inquiry, the mise en montre and transportation of firearms are also the subject of this inquiry. More specifically, the inquiry was to consist in: - the study of the current situation pertaining to storage, mise en montre and transportation of firearms; - the study the current situation pertaining to suicides, accidents and homicides by firearms; - sensitizing the public to safe storage, mise en montre and transportation of firearms; - searching for solutions to enhance safe storage, mise en montre and transportation of firearms; the above, in order to prevent some deaths by firearms. Consequently, as stated several times during the public hearings and during the two preliminary conferences held before the hearings, subject matters pertaining to firearms but other than storage, mise en montre and transportation and matters other than suicides, accidents and homicides, in general, were not considered during the inquiry. TABLE OF CONTENTS TM \oPROCEDURE 1 IDENTITY OF THE DECEASED PERSONS 2 PROBABLE CAUSES OF THE DEATHS 3 DATE AND LOCATION OF THE DEATHS 3 CIRCUMSTANCES OF THE DEATHS 3 DEATH OF RIC BOLA 3 DEATH OF SYLVAIN BROCHU 6 DEATH OF ALAIN DEMERS 8 DEATH OF JEAN-FRANOIS LAFONTAINE 10 DEATH OF CHRISTIAN RACICOT 12 CURRENT SITUATION 14 1) LAW, REGULATIONS 14 2) DEATHS BY FIREARMS 18 3) CRIMINAL ACTIVITIES AND STORAGE OF FIREARMS 25 SUGGESTIONS 27 1) MODIFICATION OF THE WORDING OF THE REGULATION APPLICABLE TO THE CITIZEN 28 2) MODIFICATION OF THE REGULATION 32 3) STORAGE OF THE SERVICE WEAPONS OF POLICE DEPARTMENTS 43 4) COMMUNITY STORAGE OF WEAPONS 46 5) RESTRICTING THE PURCHASE OF AMMUNITION 47 6) INSPECTION OF THE PREMISES 48 7) MANDATORY REGISTRATION OF UNRESTRICTED WEAPONS 49 8) INTERVENTION OF HEALTH PROFESSIONALS 51 9) SANCTIONS IN CASES OF INFRACTION TO STORAGE AND TRANSPORTATION RULES 54 10) INFORMATION INTENDED FOR THE GENERAL PUBLIC AND SPECIFIC GROUPS 55 11) TRAINING OF FIREARMS OWNERS 64 12) TRAINING OF POLICE OFFICERS 68 13) STUDIES 70 RECOMMENDATIONS 72  PROCEDURE On September the 16th, 1994, the Chief Coroner in Quebec, lawyer Pierre Morin, ordered the conduct of this inquiry for the following motives: "to make the public aware of the regulation pertaining to the safe storage of firearms and to allow the coroner to make recommendations, as applicable, liable to improve the protection of human life". The undersigned, nominated to head the inquiry, was assisted by lawyer Catherine Halpenny. The public hearings were conducted on November 7, 8, 9, 10, 11 and 17, 1994 at the Justice Hall in Montreal. 75 exhibits were introduced. 6 witnesses were heard. 22 interested parties were also heard: - l'Association des collectionneurs d'armes feu semi-automatiques du Quebec, represented by Mr. Steeve Torino; - l'Association des Directeurs de Police et de Pompiers du Quebec, hereafter designated as the ADPPQ, represented by captain Richard Ct from the Hull Police Department; - l'Association des mdecins phychiatres du Qubec represented by Mr. Yves Lamontagne; - l'Association des mdecins spcialistes en sant communautaire du Qubec represented by Mr. Pierre Maurice; - l'Association qubcoise de suicidologie represented by Mr. Robert Simon and Mrs. Lorraire Deschnes; - l'Association pour la sant publique du Qubec represented by Mrs. Jeannine Dallaire; - le Centre de recherches Fernand-Sguin de l'Hpital Louis-H. Lafontaine represented by Mr. Richard Boyer; - the Coalition for Gun Control represented by Ms. Heidi Rathjen; - la Confrence des Rgies rgionales de la sant et des services sociaux du Qubec and le Conseil des directeurs rgionnaux de Sant publique, represented by Mr. Luc Boileau et Mr. Antoine Chapdelaine; - la Fdration qubcoise de la faune represented by Mr. Daniel Lacombe and Mr. George Banks; - la Fdration qubcoise de tir and le Regroupement pour une gestion efficace de la possession d'armes feu, represented by Mr. Gilbert Gour and Mrs. Monique Lepage; - le Groupe de travail sur le contrle des armes feu, federal Justice department, represented by Mr. James Hayes; - le ministre de l'Environnement et de la Faune, hereafter referred to as MEF, represented by Mr. Raymond Desjardins; - Mr. Pierre Gagn; - Revenue Canada represented by Mr. Ren Lapierre; - S.A.I.L. Canada represented by Mr. Jean-Baptiste Ct; - le Service de police de la Communaut urbaine de Montral [Montreal Urban Community Police Department], hereby referred to as SPCUM)represented by captain-detective Pierre Gnreux and Mr. Mario Levasseur; - la Sret du Qubec, represented by lieutenant Guy Asselin. A report from the ministre de la Sant et des Services sociaux as well as a report from the Headquarters, Rgion de l'est-Cadets, Canadian Armed Forces were also produced during the public hearings. identity of the deceased persons - ric Bola, born October the 17th, 1974, lived in Lachine, Province of Quebec. He was the son of Mr. Daniel Bola and Mrs. Lisette Derasp. - Sylvain Brochu, born December the 22nd, 1967, lived in Montreal, Province of Quebec. He was the son of Mr. Raymond Brochu and Mrs. Albenise Grenier. - Alain Demers, born May the 10th, 1958, lived in Nominingue, Province of Quebec. He was the husband of Mrs. Thrse Gauthier and the son of Mrs. Dorothe Demers and of Mr. Albert Demers. - Jean-Franois Lafontaine, born January the 6th, 1973, lived in Montreal, Province of Quebec. He was the son of Mr. Renaud Lafontaine and Mrs. Claudette Barrette. - Christian Racicot, born May the 4th, 1976, lived in Montreal, Province of Quebec. He was the son of Mr. Roland Racicot and Mrs. Fernande Grenier. Probable Causes of The Deaths - ric died from cerebral trauma resulting from the passage of a firearms projectile. - Sylvain, Alain and Christian died from a major cerebral trauma resulting from the discharge of a firearm. - Jean-Franois died from intra-thoracic hemorrhage following a cardio-pulmonary laceration resulting from the passage of a firearm projectile. Date and Location of the Deaths - ric is presumed to have died on July the 15th, 1993, at Parc du Marigot in Laval. - Syvlain died on March the 30th, 1993, at 3256, 11th Avenue in Rawdon. - Alain died on July the 25th, at 23 Monte de la Charette, La Minverve. - Jean-Franois is presumed to have died on May the 21st, 1993, at Parc Thomas-Chapais in Montreal. - Christian died on December the 2nd, 1992, at 1085 Bossuet St. in Montreal. Circumstances of the Deaths Death of ric Bola Since childhood, ric experienced an affection problem, he was convinced his father, Mr. Bola, did not love him. In addition, he had a drug problem since he was 12 which grew to the point where he had to be placed in various assistance centres and undergo de-intoxication therapies. So around mid-may 1993, ric, who had made three suicide attempts during previous years -- two wrist slashings and a hanging --, who was depressive and without a job, left the assistance centre where he had been placed to go live with his father, Mr. Bola, who lived in a 2 and half room apartment. During this stay, ric had nothing to do and had numerous disputes with Mr. Bola because he was using drugs that he payed by pawning a radio belong to Mr. Bola and by falsifying cheques in his father's name. During the first days of July, ric seemed more calm, more cooperative. He announced to Mr. Bola that he thought he had found a part-time job. On July the 10th, while Mr. Bola was out of the country, ric visited his mother, Mrs. Derasp. He told her that he intended to go back to school in September and to find a part-time week-end job. He appeared to be "better than he had since a long time, he seemed encouraged, as if somebody had removed a weight from his shoulders" (testimony of Mrs. Derasp). On July the 11th, on the evening, Mr. Bola called ric to ask about him, everything was fine. On July the 13th, Mr. Bola was back at home. He observed that several of his belongings had disappeared and that ric was absent. While searching the apartment to make a list of missing items, Mr. Bola noted that his Ranger single-shot 410 caliber rifle (sic), serial number 60729, was missing. Mr. Bola, who was given this rifle as a gift when he was 18, who is not a hunter and who had not used this rifle for at least 20 years, had transported it recently from his father's residence to his apartment. He had stored it at the back of a closet under a pile of boxes and clothing. It was not loaded. There was not ammunition in the apartment. The rifle was, possibly, disassembled when it was stored in Mr. Bola's own father's home. Nothing can allow to say whether or not ric knew there was a weapon in the closet. Maybe he only saw it when he searched the apartment to take Mr. Bola's personal belongings ? Having said that, ric had never followed a training course on firearms handling and had never hunted. Nevertheless, while he was visiting at the farm of his paternal grandfather, he happened to fire a rifle. Certain that ric had taken his belongings, including the rifle, in order to sell them and buy drugs, Mr. Bola went to the police station in Dorval. After briefly explaining that he had been robbed by ric and after being informed that ric would be arrested if Mr. Bola filed a complaint, Mr. Bola did not file the complaint. On July the 15th, around 12 h 50, while no one had heard from ric since the evening of July the 11th, Mr. Andr Bolduc was strolling in Marigot park, in Laval et saw ric's body, lifeless, behind bushes. He was on the ground on his left side, his right hand was holding the end of his father's rifle. The shell casing of the cartridge used to kill himself was in the barrel (sic) of the rifle. The barrel was pointed towards his mouth. His body was showing signs of rigidity proving he had committed suicide since a fair amount of time. There was, in a bag which was close to his body, three letters, not dated, addressed to his mother, to his brother and to his girlfriend, Claudine. In these letters, ric said that he loved them, he was explaining to his mother that she is "extraordinary" but that she could not be both his father and her mother then he indicated that he wanted to commit suicide because "... well me I wanted a father !". Moreover a sheet was found in the bottom of the bag, the sheet was dated July the 11th, on which ric had written that he would not be there anymore when the sheet was found. Analysis of blood and urine samples taken from ric's body allow to establish that he was under the influence of cannabis when he took this fatal action. However they allow to exclude the presence of any other drug and alcohol. Death of Sylvain Brochu Sylvain was a teen-ager without problems. However, when he reached adult age, he stepped from casual use of various drugs to the regular use of cocaine. At age 25, thus at the beginning of 1993, he became depressive and, convinced that cocaine had ruined his life, he decided to abstain from all drugs. However, notwithstanding the abstinence, he had the impression that he had no goal in his life, he felt lonely and occasionally had suicidal thoughts. On March the 17th, while he just lost his grandmother, he slashed his wrists superficially. On March the 19th, he went to a medical clinic. The doctor he met referred him as an emergency to the external clinic of the psychiatric department of the Maisonneuve-Rosemont Hospital for consultation on a diagnostic of probable depressive affect and recent suicide attempt. Moreover, he asked him to return to the medical clinic on March the 23rd. Sylvain went to the clinic of psychiatric department at 17 hours, the same day. He told doctor Rjean Messier, psychiatric doctor, about his past, his addition to drugs, his fears and his feelings. The doctor noted that he felt he was "capable of gaining back his self-control", that he "ambivalent about accepting assistance", that at that time he had no suicidal thoughts while he had suicidary ideations and was sad. After diagnosing an adaptation trouble with depressive mood in a drug addict as well as a personality with psychopathic traits, the doctor referred him to the Alternative and Suicide Action assistance centres and prescribed him consultations at the external clinic as required. Complying with the request of the physician he had seen on March 19, Sylvain went to the medical clinic on March the 23rd. He was seen by another physician. He observed that Sylvain wanted to be excused from work on a medical leave, that he had not gone to the assistance centres recommended by the psychiatric doctor and that he had not returned to the external clinic of the psychiatric department. He thus referred Sylvain to that external clinic. Sylvain did not go there. On March the 28th, Sylvain went to visit his mother, Mrs. Grenier, who lives in Rawdon. He seemed in great shape and happy. He did not talk of his suicide attempt nor of his visits with doctors. On March the 30th, at about 17 hours, Mrs. was back from work. She noted that Sylvain's car was parked in her garage and that there was blood on the vehicle's hood. She entered in the house and looked for him everywhere. Not finding him, she returned to the garage. This is when she noted that there was blood dripping from the attic. She climbed the ladder and discovered Sylvain's body, lifeless, lying on the back about 2 feet from the opening allowing access to the attic. A rifle was between his two legs. There were two shell casings in the garbage can of the garage and two unused cartridges on the attic floor. The shell casing of the projectile which hit him, was in the barrel (sic) of the rifle. Sylvain has written, on a wall of the attic, a message intended for his mother, his family, his male and female friends. He said to them that he was sorry, that he was "shame on two legs" and that he "only had one last left thing to do" (exhibit C-23, message transcribed on paper). The 303 caliber Lee-Enfield rifle, bearing serial number 5249, that Sylvain had used to kill himself, belonged to Sylvain's father who was divorced from his mother. His father had acquired it for hunting and had not been using it for over 20 years. The weapon and the ammunition were stored, since then, in his mother's room. The weapon was hidden handbags which were on the top shelf of a closet. The weapon's magazine and the ammunition were hidden under a pile of sweaters, at the bottom of a drawer. Sylvain knew where the weapon, the magazine and the ammunitions were. He had the key of his mother's residence. He entered the house took the weapon and a box of 5 cartridges. He did not take the magazine because it was rusted. He had never handled a weapon. He doubtless tried the weapon's action in the garage, before climbing in the attic; this is why two shell casings (sic) were found in the garbage can of the garage. It is to be noted that the analysis of blood and urine samples taken from Sylvain's body allow to establish that he was not under the influence of drugs or alcohol when he took this fatal action. death of alain demers Since July 1993, Alain, aged 35, consulted a general practitioner. Anguish and insomnia, which he suffered 7 years earlier, were back. Moreover, they were accompanied by paranoid episodes. On July 19, while he was with his wife, he visited again the doctor. The doctor prescribed him some medication, gave him an appointment for the following week and "insisted that firearms be eliminated from the residence". (exhibit C-16), Alain was a firearms owner and a hunter. A few days later, Alain's condition had degraded, he had entered an intense paranoid phase. He was afraid of every one and every thing. It was decided he would be hospitalized on Monday, July the 26th. On Saturday, July 24, his brother Jacques wanted to help him feel secure and to convince to consult with a psychologist and invited him to spend the day and the night with him at La Minerve. Jacques and Alain talked for a long time. Alain finally agreed to make an appointment with a psychologist. Moreover, Alain and Jacques agreed that the next day, Alain would spend part of the day with his mother, Mrs. Demers, who also lived in La Minerve. The next day, July the 25th, Alain and Jacques arrived at Mrs. Demers house at approximately 10 h 15. Their two sisters, their brother-in-law Gilles and their two nephews were also present. It was planned that the family would dine together outside, in the back yard. At around 12 h 30, Jacques left Mrs. Demers' house and returned home. Alain and Gilles went to the back yard to talk while dinner was being prepared. Alain talked about his fears and stopped when the other members of the family joined them for the meal. At about 14 h 25, while dinner was ending, Alain left the table, saying he was going to get a glass of water, and entered the house. Once inside the residence, he removed a rifle in operating condition from a gun rack hung on a wall of the living room. This rifle belonged to his father who had it since the second world war and had died 7 years earlier. It was a .303 British caliber Lee Enfield model 4MKI (sic), bearing serial number LB28020. The rifle had been on the gun rack for 15 years and was not loaded. Alain, who without a doubt had planned his action, loaded the rifle with two cartridges he had taken care of bringing with him, there was no ammunitions in the residence. Then he went outside through the front door, went to the side of the residence, placed the weapon's barrel above his right ear and shot himself, thus killing himself. 3 minutes at most had elapsed since he left the other members of the family still at the table. It is to be noted that the analysis of the blood and urine samples taken from Alain's body allow to establish that he was not under the influence of drugs or alcohol when he took this fatal action. dEATH OF jeAn-franois lafontaine In August 1991, while he was 18 years old; that he was under the influence of LSD; that he had spent on drugs the money earned during the summer, to attend school in September: Jean-Franois attempted to commit suicide by slashing his left wrist. After this event and at his father's request, he was evaluated at the external clinic of the Louis-H. Lafontaine hospital and then consulted a psychologist at the Mercier CLSC on two or three occasions. However, he decided to stop seeing the psychologist and told his parents this was not what he needed. In January 1993, Jean-Franois, who had temporarily abandoned school, returned to post-secondary school. He seemed to have gained the upper hand, everything seemed to be in order. In mid-February, Jean-Franois left the apartment he was sharing with friends to live with his father, Mr. Lafontaine. On May 19, during supper, while he was hurt by the recent breakup with his girlfriend Josianne, Jean-Franois talked about many things with Mr. Lafontaine. He did not talk about the breakup and appeared to be in very good spirits. On May 20, in the evening, upon returning home, Mr. Lafontaine found a message from Jean-Franois on his answering machine. He indicated that he would spend the evening outside and asked his father not to worry. The next day, May the 21st, at around 9 h 30, Mr. Lafontaine, who was not aware of the breakup between Jean-Franois and Josianne, received a phone call from Josianne. She asked him if Jean-Franois was home then said that she had received by Purolator a letter from Jean-Franois. Jean-Franois wrote that he could not go on without her and that he would commit suicide. Mr. Lafontaine immediately thought of his .22 caliber revolver, a Harrington Richardson model 903, bearing serial number AX101268, which he was using for target shooting and which he was storing in the bedroom closet. He went to his room and opened the closet. He saw that the locked case, of which he kept the key with him, which contained the revolver in operating condition and ammunition, had been forced open. The weapon and the ammunition had disappeared. Jean-Franois had never used the revolver. However he knew where it was and had already fired a rifle with Mr. Lafontaine. Mr. Lafontaine checked his mailbox and found a letter from Jean-Franois. He wrote that he had two reasons to live, his girlfriend Josianne and his father. But he had lost his two reasons to live because it was his fault that Josianne left him, because he had sold several of his father's books to get money so he did not deserve his father's love anymore. He added that he had failed in school, that he was "stoned like a ball on cocaine", that he would fire a bullet in his head. He ended by saying to his father that he loved him and to ask him to tell his mother and his brother that he loved them. After reading this letter, Mr. Lafontaine called MUCPD police station 54 to advise of the disappearance of Jean-Franois and of the weapon and to advise them of the letters that Jean-Franois had written. The same, day, at around 10 h 20, Mr. Pierre Poirier was riding a bicycle on the cyclist lanes in the Thomas-Chapais park. While he reached the intersection of the Des Ormeaux and De Santennes streets, he saw the body of Jean-Franois near a tree. He was lying on his left side, he was holding a photograph of himself with Josianne in his left hand, the revolver was near his right leg. His body exhibited rigidity which proved he had committed suicide a fair amount of time earlier. dEATH OF christian racicot Christian was an active teen-ager, playful and studious. He had several male and female friends. He adored his mother, Mrs. Grenier. However, he never talked about his emotions and seemed to have never accepted the loss of his father who died from cancer in 1989. Around September 1992, Christian attempted to slash a wrist then gave up. Mrs. Grenier noted a blood stain in the bathroom and asked him if he had hurt himself. Christian told her he had cut himself by mistake. On December 2, 1992, around 16 h 30, while Mrs. Grenier was returning from work and that nothing had led her to believe that there was anything abnormal with Christian, she found him dead from a firearm discharge. Christian was lying on the bed in his room. A rifle was between his two legs. A new box of ammunitions, in which the only missing projectile (sic) was the one used by Christian, was on floor in the room. There were also eight letters addressed to a teacher, male and female friends, a cousin and his mother. In these letters, he thanked his friends, his cousin and his teacher. He told them he would meet them in 50-60 years. He said to some of them not to make the same stupid gesture that he did and that he would either help them or protect them from where he was. To his mother and to a female friend for he felt platonic love, he wrote "I love you very much and I am going to join the one I love as much. I have been bored for too long... I would like to be buried with dad's photograph... I'll try to assist you better than I did when I was here ...". The model 94 30-30 caliber Winchester rifle, bearing serial number 1803261, had belonged to Christian's father. He did not hunt but he had kept it as he planned to give it to Christian when he was old enough to use if for hunting. The rifle had always been stored unloaded and in operating condition in the closet of his parent's bedroom. There had never been any ammunitions in the house. Christian knew where the weapon was and, at 15 h 25, the day of this death, he had bought cartridges at B&L Sports Inc., Ste.Catherine St. East, in Montreal (exhibit C-13, bill of sale). Planning to hunt, some day, Christian had undertaken, 6 months earlier, a firearms handling training course and had obtained his hunter's certificate. However he never went hunting. It is to be noted that: - the analysis of the blood and urine samples taken from Christian's body allow to establish that he was not under the influence of drugs or alcohol when he took this fatal action. - Mrs. Grenier learned of the September suicide attempt only after Christian's death, by reading notes left in his personal belongings and by talking to one of his female friend. CURRENT SITUATION Are the deaths Of Alain, Christian, Eric, Jean-Franois and Sylvain typical cases? Can accidental deaths, suicides and homicides by firearms be, in some instances, linked to storage, mise en montre or transportation of said weapons? What are the existing laws on this subject? These are all questions to which I will attempt to reply in the three parts which follow. 1) law, regulations Without making an exhaustive review, which could be fastidious, it is necessary for the purpose of understanding the subject of the inquiry to know the categories of firearms and related permits as well as the regulations pertaining to the storage and transportation of firearms. Firearms Categories There are three categories. I will only mention the most common weapons of each of these categories: - unrestricted weapons/hunting rifles and shotguns - restricted weapons/Generally these are the weapons which can fire a single projectile when the trigged is pressed. These are the following short weapons: revolvers, semi-automatic pistols. These are also the following long weapons: long weapons with a barrel length shorter than 26 inches, long semi-automatic center fire weapons with a barrel length shorter than 18 and a half inches. However, restricted weapons also include long automatic weapons (capable of firing several projectiles when the trigger is held pressed), these have been registered before January 1, 1978 and also those which were modified for semi-automatic and which were registered before January 1, 1992. - prohibited weapons/sawed-off rifles and shotguns, all automatic weapons which are not restricted firearms, some military-type semi-automatic weapons prohibited by decree. Permits - unrestricted weapons/18 years of age/must hold a firearms acquisition certificate - unrestricted weapons/minors/must hold a firearms possession permit for hunting for subsistence purposes - unrestricted weapons/12 - 17 minors/must hold a firearms possession permit with written parental consent - prohibited weapons/possession is forbidden except for some persons such as Canadian Armed Forces personnel, police officers. - restricted weapons/prior to purchasing; requires a firearms acquisition certificate, a permit to transport the weapon from the dealer to the registrar's office for inspection and it is necessary to fill-in a request for a registration certificate. Afterwards, it is necessary to obtain said certificate and a permit to transport the weapon from the dealer to the buyer's residence. It is to be noted that the registration certificate may only be issued for one of the following reasons: protection of life (very rare), work or legitimate occupation (ex: transportation of securities), target shooting, collection, antique or souvenir. It is also to be noted that, after having bought a restricted weapon, a permit is required to transport the weapon. This permit is issued only for the following purposes: protection of life, business of legitimate occupation, target shooting. However, for target shooting, the permit only allows the transportation of the weapon between the residence and the range where target shooting is practiced. Storage and Transportation of the Weapon A) THE IMPORTER As long as the weapon is not duly imported in Canada (customs and excise taxes paid and the proper declaration is made); the weapon which is in Canada for transit to another country, for exporting or for selling in Canada, is not subject to any specific law or regulation pertaining to firearms. Once duly imported in Canada, the importer must obey storage and transportation requirements applicable to firearms dealers (wholesale or retail). B) THE DEALER He must obey requirements of the Regulations pertaining to the control of restricted weapons and firearms. This Federal regulation came in force on August 16, 1978 and applies to restricted weapons and unrestricted weapons. The stored weapons must be unloaded and the dealer must store them in a locked cabinet, vault, safe or place. He may also store them in a place which is readily accessible only by himself or one of his employees. Moreover, if there are restricted weapons among his weapons, the premises must be equipped with an alarm system to prevent theft. As a general rule, weapons being transported must be unloaded in a "container made of cardboard, wood, or other material" which "cannot be easily broken or accidentally opened" (article 12(1) (a)). Moreover, the part of the transportation means where the weapons are must be "well locked or sealed" when no one is one board (article 12(1) (d)). C) THE CITIZEN He must obey the Regulations pertaining to the storage, the mise en montre, the handling and the transportation of certain types of firearms, hereunder referred to as the Regulation. This Federal regulation came into force of law on January the 1st, 1993 and applies to both restricted and unrestricted weapons. According to the elementary rule any weapon must be unloaded for storage and transportation. Beyond the elementary rule, the storage rules are as follows: - an unrestricted firearm must be either rendered inoperative by a secure locking device, or stored in a locked container, compartment of room. - a restricted weapon must be both rendered inoperative by a secure locking device, and stored in a locked container, compartment of room. Beyond the elementary rule, the transportation rules are as follows: - if the unrestricted firearm if being transported in a vehicle which is not under the supervision of an adult, the firearm must be stored in the locked trunk of the vehicle. - if the restricted firearm is being transported in a vehicle under the supervision of an adult, the weapon must be rendered inoperative by a locking device and must be stored in a locked case or container. - if the restricted firearm is being transported in a vehicle which is not under the supervision of an adult, the weapon must be rendered inoperative by a secure locking device and must be stored in a locked case or container. In addition the case or container must be stored in the locked trunk of the vehicle. 2) DEATHS BY FIREARMS In order to better understand the situation regarding deaths by firearms, the undersigned has requested that the Coroner's Office's Service la clientle et analyse conduct an analysis of these deaths. This analysis is divided in two parts, an analysis which paints a general outlook of all deaths by firearms and a descriptive study of suicides, homicides and accidents by firearms. General Outlook of the Situation from 1990 Through 1992 Suicides There were 940 suicides by firearms (C-26, page 2). In the general population, it is noted that the firearm is the second means used to commit suicide (26%), the first means being hanging (34%) (C-26, page 1). If suicide by firearms cases are subdivided by age and sex, it is noted that men aged from 10 (sic) to 24 do not follow trends observed for the general population (C-26, tab I). 10 to 14 years boys firearm 30% 15 to 17 years men firearm 50% 18 to 24 years men firearm 34% If the province of Quebec is subdivided in its 13 administrative regions as generally used, equally surprising results are obtained: - it is in the 3 regions where the suicide rate by 100,000 persons/year is the highest, that the highest percentage of suicides by firearms is found (Gaspsie 48.9%, Nord-du-Qubec 47.4%, Abitibi 44.8%). - However, it is in the two regions where the suicide rate is the lowest, that the lowest percentage of suicides by firearms is observed (Laval 17.5%, Montreal 13.7%) (C-27, page 7). Homicides There have been, excluding actions by police, 251 homicides by firearms, slightly more than 80 per year (C-26, p 2). The largest number of victims is found in the male population, 194/251. The highest rate of victims is in those aged between 20 and 34 years, the maximum being in the 25 through 29 age group. (C-26, page 19). Contrarily to suicides, it is in the Gaspsie, Nord-du-Qubec and Abitibi-Tmiscamingue areas that the homicide rate is the lowest and it is in the Lanaudires and Montral area that it is the highest (C-26, page 21). Accidents There were 38 lethal accidents by firearms, an annual average of 12.5 accidents/year (C-26, page 2). Half of the victims are less than 25 years old and the highest death rate is observed in the 15 through 19 years age group. 95% of the victims are males. (C-26, page 35). Descriptive Study/Keypoints Suicides The descriptive study of suicides was conducted from the files of the Coroner's Office for the years 1992 and 1993. A) TYPE OF WEAPONS USED A pronounced use of long weapons (83.7%) is noted, as opposed to short weapons (12.9%) and sawed-off weapons (3.3%) (C-26 page 10). B) LOCATION OF THE SUICIDE 434 persons (76.3%) committed suicide in a private residence, of these, 33 persons died in another residence than their own (C-25, tab 19 and 20). C) OWNERSHIP OF THE WEAPON When taking into account only the cases for which the information is in the files: in 32% of the cases (119 persons), the person committed suicide by using a weapon which did not belong to the person (C-26, page 9). Of these 119 persons, 93 have used the weapon belonging to a family member, 14 others that of a friend or a neighbor (C-26, page 16). Of these 119 persons, 3 were aged from 10 to 14 years, 30 between 15 and 17 years and 30 between 18 and 24 years. (C-26, page 16). D) LOCATION OF THE EVENT AND STORAGE OF THE WEAPON 87 of the 119 persons who were not the owners of the weapon have used a weapon which was stored before the suicide occurred. 57 have used a weapon stored in their residence, 13 have used a weapon stored in a someone else's residence, 17 have used s weapon stored in a residence then went outside to commit suicide. The Homicides The descriptive study of the homicides was conducted for the years 91 through 93. The information was received from the files of the Coroner's Office and from police departments. To ease the understanding and avoid the duplication of data, the cases have been counted on the basis of the number of events (204) instead of the number of victims (227) (C-26, page 23). Moreover, for exactness sake and because some situations demanded it (for instance, it is not really relevant to wonder if the shooter had properly stored his weapon prior to committing a holdup), the events were classified in 5 categories: - Conjugal/Family Violence (35 events/41 victims), such as the homicide of a spouse, an unwed live-in, a sweetheart, a family member (ascending, descending, collateral) (sic), an in-law or a person who already had one such link with the shooter. - Criminal Activity (37 events/40 victims), where the homicide is linked to a criminal activity, for instance drug trafficking, loan sharking. - Commission of a Criminal Act (19 events/19 victims) the homicide occurred when the shooter was committing an other criminal act. For the most part, the crime was a holdup. - Other Context (37 events/43 victims) these are all homicides which are not included in the previous categories. These included disagreements between friends, between acquaintances or workplace colleagues which degenerated as homicides. - Under Investigation (76 events/84 victims) these are the homicides which were under police investigation when the study was undertaken. As a result, not much data is available for this category of homicides. A) THE TYPE OF WEAPON USED If the cases where this information is not available and the cases which are still under investigation are excluded, the ratio of long and short weapons are inverted according to the categories of homicides. For the "Conjugal-Family Violence" and the "Other Context", the long weapon usage is at 55%, the short weapon at 36% and the prohibited weapon (sawed-off weapon, machine pistol) at 9%. While for the "Criminal Activities" and the "Commission of a Criminal Act", the long weapon usage is at 19%, the short weapon at 57% and the prohibited weapon at 24% (C-26, page 24). B) LOCATION OF THE HOMICIDE 72 instances, including 28 of the 35 "Conjugal-Family Violence" events, occurred at the residence of the victims (C-25, tab 30). C) OWNERSHIP OF THE WEAPON Of the recovered weapons, the make up is as follows: - legitimate property of the shooter 41 events - acquired on the illicit market 22 events - stolen by the shooter 13 events - reported stolen 8 events - borrowed 2 events - obliterated serial number 7 events - impossible to determine owner 16 events Here again, there is a common characteristic between the categories, as 37 of the 41 events where the weapon is the property of the shooter, belong to the "Conjugal-Family Violence" and the "Other Context" (C-25, tab 28 and 29). D) LOCATION OF THE EVENT AND STORAGE OF THE WEAPON 31 events of "Conjugal-Family Violence" and "Other Context" can be linked directly to the storage of the weapon because they occurred while the weapon was stored on the very location of the event. 18 events, all categories, can be linked indirectly to the storage of the weapon because 10 of these occurred a very short while after the shooter stole the weapon and the other 8 occurred after the weapon had been reported stolen (C-26, p 29 to 32). E) AGE OF THE SHOOTERS Not considering the "Under Investigation", 24 of 128 events involve shooters aged from 10 to 24 years (only one in the 10 to 14 years age bracket). F) RELATIONSHIP BETWEEN SHOOTER AND VICTIM(S) Not considering the "Under Investigation", there were 97 of 128 events where there was a relationship between the shooter and the victim(s) (C-26A): marital or family relation* 36 events, 42 victims friends/acquaintances 22 events, 25 victims workplace colleages 3 events, 6 victims common criminal activity 36 events, 38 victims * one of the events was motivated by theft. The Accidents The descriptive study of the accidents was conducted from the Coroner's Office files for the years 90, 91, 92, the files for the year 93 were not all closed when the study was made. Moreover, because the context were different, the accidents were divided in 3 categories: - Hunting (14 deaths), all the deaths which occurred when the persons were on hunting grounds including the deaths of 3 minors who went "hunting" without their parents' knowledge. - Transport (2 deaths), all the deaths which occurred when the weapon was moved from its storage site to the site planned for usage. - Other Activity (22 deaths), all the deaths which occurred in context other than the two previous categories (C-26, page 40). A) THE TYPE OF WEAPON USED 74% of the accidents involved long weapons, 25% short weapons. B) LOCATION OF THE ACCIDENT Of the 22 deaths which occurred in "Other Activity", 16 occurred in the residence or cabin of the victim, 6 occurred in a residence which was not that of the victim (C-25, tab 42). C) OWNERSHIP OF THE WEAPON 17 of the persons who provoked the discharge of the weapon were not the owner of the weapon (C-26, page 40). Of these, 13 used the weapon of a family member, 4 the weapon of a friend or a friend's father (C-26, page 40 and 46). D) AGE OF THE SHOOTERS 2 of the persons who provoked the discharge where aged less than 12 years and 9 others were between 12 and 17 years. Of these 11 persons, 9 were not the owners of the weapon (C-26, page 40). E) STORAGE OF THE WEAPON The storage of the weapon is not well documented in the files, however it is possible to deternime certain deaths where the storage factor was critical: - 3 minor "hunters" have used a weapon without the knowledge of their parents. - 5 persons, which were not the owner of the weapon, have used a weapon which was stored. - 6 persons, which were not the owner of the weapon, have used a weapon which was stored loaded. - 2 weapon owners and 1 person, of which it cannot be determined whether of not he was the owner of the weapon, have used a weapon which was stored loaded. F) TRANSPORT OF THE WEAPON The 2 deaths which are associated with the transport of a weapon occurred when the loaded weapon was transported on board of a means of transportation. 3) CRIMINAL ACTIVITIES AND STORAGE OF FIREARMS In order to better understand the issue pertaining to the link between the storage of the weapons and their usage for the commission of criminal acts, I have asked the Montreal Urban Community Police Department to describe the existing situation in 1992 and 1993 for the territory of the MUC (C-48, annex C). Crime and usage of a weapon "Crimes committed against persons with a firearm have dropped 14.2% from 1992 to 1993 (2893 to 2481 infractions)". This drop of crimes with firearms is mainly attributable to a decrease of hold ups. However, there is a shadow in the picture because it is noted that the attempted murders and aggravated assaults with a firearm have increased respectively by 21.4% and 20.8%. The age of the suspects Considering only crimes committed with a firearm where one or more suspects are identified (1281 in 1992, 1286 in 1993), the following is observed: - Within the 25 years and older, crimes with a firearm have decreased by 27% (803 crimes in 92, 588 in 93). - Within the 24 years and younger, these crimes have increased by 46% (81% for the 15 to 19 year olds, 21.1 % for the 20 to 24 year olds). The type of weapons used There is a clear dominance of the short weapon called "handgun" (71% of committed crimes). However, there is an increase of the percentage of utilisation of the sawed-off rifle and shotgun (15.4%), while there is a decrease in the percentage of utilisation of the other categories of firearms. The storage of the weapons On the territory of the MUC, the number of events where weapons thefts occurred has regressed by 16% from 1992 to 1993. More than 63% of these events have occurred in residences (153 events in 1992, 128 events in 1993) for an average of 3.3 stolen weapons by event. According to CPIC, in 1992 and 1993, in Quebec, 4808 weapons (1701 hand weapons, 3107 long guns) were registered as stolen in CPIC records. Even though these numbers are incomplete in the case of long weapons [not all the long guns reported stolen will be recorded by CPIC because it often occurs that the owners do not know the serial number(s) of the weapon(s)], it is noted that 57.5% of the hand weapons were stolen on the MUC territory while 82.4% of the long weapons were stolen outside of the MUC territory. From 1988 to 1993, 26 events involving the loss or theft of 1545 weapons belonging to a firearms import and export company, were brought to the attention of the MUCPD. Of these events; 2 events occurred in 92 and involved 1203 Makarov pistols, 3 events occurred in 93 and involved 151 M-74 pistols, 102 Ceska pistols and 46 Webley revolvers. SUGGESTIONS The coroner may make recommendations for a better protection of human life. This mandate entails important consequences and the coroner is supposed to be well informed on the subject on which the recommendations are made. The coroner, who must take a position on various subjects and was not born with complete knowledge, may rely on experts or "interested parties" possessing a qualification, an experience or knowledge in the domain on which he intends to pass judgement. It is in this spirit that I called several interested parties which are identified in the "Procedure" section of the present report. In addition to having testified in the public hearings, these interested parties have participated in two preliminary conferences and have presented a brief which was introduced during the hearings. Right at the first preliminary conference, these interested parties were advised of the subject of the inquiry and of the participation that the undersigned was expecting of them. That is to say make suggestions they believe useful regarding safe storage, transportation and mise en montre of firearms. During this conference (sic), these interested parties were also advised that: - their interventions had to be conducted while respecting the opinions of others; - opinions or unsubstantiated statement would not be tolerated; - the arguments, for or against a suggestion, had to be based on facts, statistics, studies or analysis; - the undersigned would not give any consideration to suggestions not bearing on the subject of the inquiry proper even if these were studied or discussed in the briefs and during the hearings. I must in this respect congratulate all interested parties because all testified with consideration for the opinions of others and all spent a lot of time and effort in the preparation and presentation of their suggestions. In addition to the interested parties, the fathers and mothers of the dead persons which were the subject of the inquiry, have presented suggestions. Several suggestions were made by more than one interested party. Several suggestions had similar aims. I have thus decided to present and analyze these suggestions by subjects and themes in order to ease the reading of the present report. 1) MODIFICATION OF THE WORDING OF THE REGULATION APPLICABLE TO THE CITIZEN OWNING A FIREARM Suggestion And Arguments In Favor According to the majority of the interested parties, the Regulation "is written in a hermetic legal language, far from being always understandable by everyone". "... the different discussions show that it can sometimes be difficult to put in practice and lends itself to interpretation" (C-52, page 7). It contains gray areas and "navy blue" (sic) areas (testimony of Mr. Banks). This is why, the interested parties suggest that the wording of the Regulation be modified. No argument was made against this suggestion. Far from it, the Federal Department of Justice admitted to having been informed, by various sources, of the difficulty in understanding the wording. Analysis Since the wording of the Regulation is the subject of this suggestion, I will expose hereunder some portions which are problematic. Article 2: "The following definitions apply to this regulation: - "restricted firearm" Firearm which is a restricted firearm - "unrestricted firearm" Firearm which is neither a restricted or a prohibited firearm. With definitions such as these, how can the citizen be blamed for not knowing what is a restricted weapon and an unrestricted weapon? How can it be claimed that all legitimate firearms owners understand, when the fundamentals (methods of storage, mise en montre and transportation are different for both categories of firearms) for the application of said Regulation are not defined? Article 4: (1) A person can store an unrestricted firearm only if the following conditions are met: a) it is an unloaded firearm; b) the firearm is: (i) either rendered inoperative by a secure locking device or by removal of the bolt or slide, (ii) or stored in a container, compartment or room which are kept well locked and which are constructed in such a manner that they cannot be forced open easily; c) the firearm is not stored with the ammunition, unless they are stored in a container or compartment mentioned in sub-paragraph b)ii). Questions: 1. What is the meaning of the terms "room" and "in such a manner that they cannot be forced open easily"? 2. He who renders his rifle inoperative by removing the bolt, may he simply leave it against a kitchen wall, the bolt on the counter and the cartridges on a living room table? 3. He who is the owner or the tenant of an apartment, a cabin or a house built on the open area concept, may he rest his unrestricted weapon against one of the walls of the residence and leave the cartridges, which are in a locked box, close to the unrestricted weapon if the doors of the residence are locked? Combination of articles 2, 3 and 4: - Article 2 "Usage of a firearm" The carrying or the actual possession (sic) of an unrestricted firearm or of a restricted firearm by a person when this person shoots or is liable to shoot with the firearm within the scope of his activities, to wit a) work or occupation; b) hunting or sport; c) control of predators or other animals...". - Article 3(2) The present regulation does not apply to the usage of a firearm. - Article 4(1)a) A person can store an urestricted firearm only if ... it is unloaded Article 4(2) Paragraph (1)b) (firearm storage requirements) does not apply to the person who temporarily stores an unrestricted firearm, if the person needs it in a reasonnable manner to control predators or other animals in an area where it is permitted to shoot with the firearm according to applicable Federal, Provincial and Municipal regulations. Quetions: 1. What is the meaning of the combination of these articles? At which point, is a person hunting or controlling animals? What is the meaning of "actual possession"? When does a person "need in a reasonnable manner" to have an unrestricted weapon unloaded but not stored? 2. The hunter who rests for the night in his hunting camp, may be leave the unloaded rifle against a wall because of the possibility of having to control animals? 3. He who lives in a rural area, may he do the same under the pretense that he may have to, at any time, shoot a groundhog ? Article 5: "A person can put en montre an unrestricted firearm only if the following conditions are met: a) it is an unloaded firearm; b) the firearm is rendered inoperative by a secure locking device or is in a container, compartment or room kept well locked and constructed in such a manner that they cannot be forced open easily; c) the cartridges that the firearm can shoot are not shown with the firearm and are not within reach of the firearm (sic)" Questions: 1. What is the meaning of "mise en montre"? Again, there is no concern to ensure that the citizen will understand the fundamentals of the Regulation. Worse, these terms have no definition, either in the criminal code or in other similar regulations. The citizen is left to his own devices, he can interpret these terms as he pleases. He may, by referring to the English version of the Regulation "display", believe that it means leaving it for others to see. He may, by referring the French dictionary Larousse, believe that this means placing it in a shop window. However, both of these two options seem obviated because, according to paragraph b), the weapon can be inside a container or a compartment; this is contrary to a display which would only be possible in a display case or closet or a shop window as indicated in the regulations applicable to dealers. 2. What distinction is to be made between mise en montre and storing? 3. The owner who puts "en montre" his bolt action rifle by hanging it on the fireplace and who does not have a locking device, may he rightfully believe that he can avoid buying this device and will comply to the Regulation; by removing the firearm from the fireplace and leaving it against the wall and removing the bolt and leaving the bolt on the mantle piece, since by doing this he is storing his weapon? I apologize to the reader for this long list of articles and questions. However this list was unavoidable owing to the suggestions which will be reviewed later. Moreover, the list was essential, I believe, to establish the two following points: - the Regulation goes entirely against the well known [French] proverb "That which is well conceived can be stated clearly and the words to say it come easily", which should have applied; - the interpretation of the Regulation, in its application, is a high-wire intellectual act for law degree graduates empassionned with interpretation rules; This is why I conclude that this suggestion is imperative. 2) MODIFICATION OF THE REGULATION This suggestion concerns two existing regulations and the adoption of a third regulation. The arguments differ according to the subject being discussed this is why, I procede here with themes. A) APPLICABLE TO CITIZEN Suggestions and arguments in favor The Regulation causes confusion, the distinction between unrestricted and restricted weapons contributes to this confusion. It allows storage methods [(refer to modification of wording/questions, ammunition which is unlocked, etc] which are ineffectual to discourage theft or handling of the weapon by an unauthorized person. It does not require the use of a locking device until the weapon is being used, when this device protects the person against the handling of a weapon which would unfortunately be loaded. It allows usage of a weapon for the control of animals which contravenes article 67 of the Loi sur la conservation et la mise en valeur de la faune [hunting and wildlife protection provincial law], which obviates the storage requirements of the Regulation. It allow the mise en montre of weapons (such as weapons hung on a fireplace) which may incite theft and the curiosity of unauthorized persons who will want to handle them. It allows the transportation of an unloaded unrestricted weapon which would be simply left on the back seat of a vehicle if the vehicle is under the supervision of an adult; which incites theft, which contravenes in some instances to articles of the Loi sur la conservation et la mise en valeur de la faune. Adequate storage: - would render the weapon inaccessible to children. - would increase the time required to access the weapon which would permit; in some cases, an intervention and questionning of a suicidary act; which would also allow to avoid some homicides committed under the impulse of emotion (by example, conjugal and marital violence, disputes between acquaintances). - would reduce in general the risks of suicides by reducing accessibility to firearms. Adequate mise en montre would allow to avoid incitation to theft or handling by unauthorized persons. Adequate transportation would allow to avoid an accidental discharge or the weapon or the theft of the weapon. Consequently, the Regulation should be modified so that: 1. There be a unique storage method (C-37, 47, 49, 62, 64). This method would require that: - the unloaded weapon is equipped with a secure locking device and stored in locked container, compartment or room. The ammunition is stored separately from the weapon and kept under lock. The keys or lock's numbered combination are available only to the owner (C-37, 49, 64). - the unloaded weapon is equipped with a secure locking device. The weapon and the ammunition are in a "sturdy locked container". The keys or number combination are available only for the owner (C-62). - the unloaded weapon is equipped with a secure locking device. The weapon is in a steel container -- a type of "safe" -- or in a vault if there are several weapons (Testimony of Mr. Jean-Baptiste Ct). 2. There be: - complete withdrawal of the exemption made for the control of predators and other animals (C-49) - definition of the terms "predators and other animals" and "temporary" so as to exempt only the situations where there exists an immediate danger to livestock, and when the regulation on safe storage renders the control of predators extremely difficult" (wording of C-37 substantially reused in C-64). 3. There be mise en montre only in a room specially arranged for this. The room is locked at all times. Access to the room is permitted only in the presence of the owner. The key or numbered combination, allowing access to the room, are available to the owner only (C-62). Moreover, the door controlling access to the room should be re-inforced, the room should be equipped with an anti-theft alarm system, the weapons should be in one or more locked display cabinets made of steel (Testimony of Mr. Torrino). 4. There be a single transportation method stating that the unloaded weapon is equipped with a secure locking device; the weapon and the ammunition are in a locked sturdy container (C-62, testimony of Mr. Jean-Baptiste Ct); the container is in the trunk, or if there is no trunk, in a part of the vehicle not within view (testimony of Mr. Banks) this, whether or not there is someone in the vehicle. 5. There be an obligation to use a locking device until the time of use (C-64). Arguments against The modification of the Regulation would add to the confusion. A publicity campaign on the Regulation which would be well made and well orchestrated would be more appropriate (C-53, 61, 75). However if the undersigned concluded that modification of Regulation was required, the suggestions given above are supported. B) APPLICABLE TO THE DEALER The regulation applicable to dealers does not require that the weapons which are mise en montre, handled by customers or stored elsewhere than in a vault or safe must be equipped with a secure locking device or rendered inoperative; this does not ensure any safe handling of these weapons. The regulation permits that restricted weapons can be stored in a solidly locked cabinet. This regulation does not require any safety measures regarding the delivery of the weapon to the buyer, which does not encourage safe storage of the weapons. This regulation should therefore be modified to require that there be: - obligation to equip the weapon with a locking device or to render it inoperative, if it is placed en montre, handled by customers or stored elsewhere than in a safe or vault; - prohibition of storing restricted weapons elsewhere than in a vault specially arranged for this purpose; - prohibition of delivering a weapon which is not equipped with a secure locking device (C-46). There were no arguments against these suggestions. Indeed, several interested parties support the suggestion to ban the delivery without secure locking devices. C) APPLICABLE TO THE IMPORTER The sets of weapons which are stored and transported by a dealer are not covered by any specific regulation defining those as "high risk merchandise" (C-48). Thus these sets of weapons are not covered by any specific regulation regarding their storage and transportation. Thus the "companies which transport large quantities of weapons are less regulated than the individual transporting his rifle" (C-47). Consequently the ADDPQ and the MUCPD suggest that these sets of weapons be subject to a regulation describing theme as "high risk merchandise" and requiring a secure escort during storage and transportation (C-48). Moreover, Mr. Jean-Baptiste Ct suggests that it be prohibited to import in Canada a weapon which is not equipped with a secure locking device. There were no arguments against these suggestions. However Revenue Canada insisted on stating that it does consider these sets of weapons a high risk merchandise this is why, at the request of several police departments including the MUCPD, it has made changes regarding the storage and transportation of these sets of weapons. Analysis Listing some data from studies made the Coroner's Office and by the MUCPD: - From 1990 to 1992, 50% of young men from 15 to 17 years old which committed suicide, have used a firearm; - In 1992 and 1993, 119 persons committed suicide by using a weapon which did not belong to them. 45 of these were young men aged 15 to 24. - In 1992 and 1993, the long weapon was used in 83.7% of the suicides by firearms and it is in the areas where hunting occurs the most that the highest suicide rates per 100,000 persons/year are found. - 74 % of accidents by firearms which occurred in 1990 through 1992 involve a long weapon. - 17 of the persons who caused the accidental discharge of a weapon were not the owner of the weapon. 5 of them used a weapon which was stored loaded. 2 of these were less than 12 years of age. 9 of these were between 12 and 17 years old. - The two persons which died accidentally while transporting a weapon, were transporting a loaded unrestricted weapon. - From 1991 to 1993, a long weapon was used in 55% of the events-homicides where there was family, conjugal or workplace relationship between the shooter and the victim(s). During these 31 events, the weapon was stored on the premises of the tragedy. - For the same period, a short weapon was used in 57% of the events-homicides linked to a criminal activity or which occurred during the commission of another criminal act. - 23 homicide events, all categories, which occurred during this period are attributable to young men aged 15 to 24. - From 1992 to 1993, crimes committed with a firearm have increased 46% among those aged less than 24 (81% among the 15 to 24 year olds). - For the crimes committed with firearms, there is a dominance of the short weapon (71%). However from 92 through 93, an increase (15.4%) of sawed-off rifles and shotguns is noted. - In 1992 and 1993, 63% of weapons stolen on the MUC territory were stolen in residences, on a total of 927 weapons. - For the same period, 4808 weapons, including 3107 long weapons, were reported stolen in Quebec. Considering the results of the various studies conducted in Quebec: - In the case of men, the suicide rate per 100,000 persons/year in Quebec has changed from 7.7% in 1960 to 28.2% in 1986 which constitutes a 350% increase. During the years 1985-86, an astounding increase in the number of suicides among young men aged from 15 to 24 is noted (C-74). - According to a study conducted in 1987, 374,000 persons have seriously thought about committing suicide and 159,000 have attempted to commit suicide (C-74). - According to two studies conducted in 1992 and 1993, in the year that preceded the study conducted in 1987, 3,600 persons attempted to commit suicide with a firearm and 37,000 persons have thought about doing the same (C-74). - A study conducted by the Centre de recherche Fernand-Sguin to evaluate the role of mental disease in 75 young men aged from 18 to 35 who committed suicide, reveals that 90% of them showed, during the 6 months preceding the suicide, a mental problem (depression, personality trouble, etc) clinically identifiable. 40% of those exhibited more than one mental problem (C-74). - A study conducted by the Clinique mdico-lgale de l'Universit de Sherbrooke" bearing on 355 suicides which occurred within youths below age 20 during the years 1989 through 1992, confirms the results obtained by the Centre de recherche Fernand-Sguin. Moreover, it matches several other studies, so that it allows to make some observations. It is mainly the 17 through 19 year olds who committed suicide. In the majority of the cases, they had experienced sentimental problems shortly before the suicide. In many cases, they committed suicide following a family dispute. Several of those who committed suicide by firearms, had not made any attempt previously. Moreover, they committed suicide at home and with the weapon, easily accessible, of a member of the family (C-73). - Suicidal persons often suffer from a mental disease, that they, and their close ones, ignore. When it is a person aged from 15 to 19; the close ones tend to attribute the difficulties of the person, to a difficult teen-age period, while in fact, the person suffers from a mental disease. Considering this fact, it is difficult to prevent the suicide and the safe storage takes more importance (testimonies of Mr. Gagn, Mr. Boyer and Mr. Lamontagne). Considering also the fact that in Quebec, after the motor vehicle (900 deaths/year), the firearm is the second cause of deaths, ex aequo with AIDS and accidental falls (400 deaths/year each) (C-51). By recalling some observations which were brought out several times during the inquiry: - as a general rule, the step to the suicidal act is made on impulse among the 15 to 24 year olds while it is deliberated among older persons. - during the days or hours which precede the step to the suicidal act, the suicidal person, having decided to end the suffering by committing suicide, seems happier and more serene. This fact, which was observed in 4 of the 5 deaths on which the inquiry is conducted, foils the vigilance of the close ones. Considering some storage, mise en montre and transportation methods which are not safe for people's lives, but allowed by the Regulation. I retain that the Regulation applicable to the citizen should be modified. I retain in addition, that the following modifications would be desirable: - elimination of the distinction between restricted and unrestricted weapons; - obligation to equip the unloaded weapon with a locking device, this until the moment of usage. - restriction of the exemption for the control of predators and other animals to the cases where there is imminent danger for the life and impossibility to act otherwise. - abolition of the exemption for the control of animals. - definition of the term "room" as an inhabitable and closed part of a house. - definition of the term mise en montre as the exposition of a weapon by use of a locked steel display cabinet or by use of a locked structure, affixed by nails to the wall of a room. - prohibition of display by any other means. - prohibition of display in a room of common [shared ?] usage. - obligation of display in a locked room equipped with an anti-theft alarm system and a re-inforced door. - obligation, during transportation by vehicle, to place the weapon and the ammunition in a locked sturdy container, to place the container in the trunk or, in the absence of a trunk, in an out-of-sight location of the vehicle, whether or not there is someone in the vehicle. Moreover considering two elements: - without ammunition, the risk of utilization of the weapon, particularly among children, is lower; - the storage of the weapon in a container that can be taken under the arm, has nothing to discourage to discourage theft, the thief only having to leave with the container and to preoccupy himself later with opening it. I believe that the following requirements would be preferable: - if not stored in a safe or a vault, the weapon is in a locked container affixed with nails to a wall, the container is not within sight when entering the room where it is installed; - the ammunition of the weapon, which is displayed or stored in a container, is in a distinct, separate locked container not within reach of the weapon (sic) and is not visible when entering the room where it is. Considering the above and the storage rules applicable to the dealer, some of which are less than those applicable to the citizen, I retain that the regulation applicable to the dealer should be modified. I retain in addition, that the following modifications would be desirable: - obligation to equip the unloaded weapon with a locking device, if it is mise en montre, handled by customers or stored elsewhere than in a safe or vault; - prohibition of storing restricted weapons elsewhere than in a vault specially arranged for this purpose; - prohibition of sale of a weapon which is not equipped with a secure locking device; - obligation, for road transportation, to transport the weapon in a locked steel container, the part of the means of transport where said contained is located to be locked at all times. Concerning the storage and transportation of weapons by the importer, I note the following: - Revenue Canada has, recently, modified the procedure for the road transportation of large quantities of weapons. So that, these convoys are more secure than they were before. However, it still remains nevertheless that they could be more secure. - The storage in buildings and trains left on the tracks, which serve as "temporary warehouses", is subject to a single requirement relative to safety, "The operator must take the measures which are necessary to ensure that no unauthorized person enter the warehouse without the written permission or the presence of a customs and excise agent. Notices to this effect must be placed at the entrance of the warehouse. Customs brokers who wish to obtain bills of sales, etc, contained inside the stored packages must be accompanied by a customs and excise agent..." (Regulation on the temporary warehouses of customs and excise, article 36). - These temporary warehouses are used while the weapons are exported in another country or are in transit in Canada. - The standards of storage do not differ according to the type of merchandise. The weapons are warehoused with, and like, tables, clothing, etc. - A theft in one of these warehouses, allows to obtain several weapons and can thus prove to be very appealing for contraband. - In addition to these temporary warehouses, there are firearms stocking warehouses. This form of warehousing is permitted, in Quebec, for two major weapons importing companies. - These warehouses serve the following purposes. The company imports large quantities of weapons in bulk. The warehoused weapons are assembled, repaired or destroyed. Once repaired, the weapons are exported outside of Canada or sold in Canada. The company has two years to take action, as long as this not done, excise duties are not paid and the weapons are not considered as having been imported in Canada. - According to Revenue Canada, these warehouses are equipped with very secure anti-theft alarm systems. However storage in these warehouses is subject to a single requirement pertaining to safety, "The operator must take the required measures to ensure at the same time: a) that the merchandises received at the warehouse are stored safely and securely and that they are marked in such a manner as to be easily recognizable and to permit to an agent to compare them to those described in the relevant customs declaration documents; b) that the warehouse can be locked and sealed by an agent, if the agent-in-chief requires it, in order to verify the merchandises or the warehouse documents." (Regulation regarding customs warehouses, article 12). - Of the 1502 pistols and revolvers reported stolen or missing in 1992 and 1993: 253 pistols were reported missing in warehouses, one of theses pistols was used during the holdup at Brink's in Ottawa; the other pistols and the revolvers were reported missing or stolen from temporary warehouses. - importation in Canada of weapons not equipped with a locking device does not incite safe storage by the citizen and the dealer. This is why, I retain: - that there must be a regulation regarding the storage and the transportation of weapons by an importer. - that the severity of this regulation should be a measure of the incurred risk: the possibility of theft of several weapons which can jeopardize lives. - that the two-year delay, for storage by the importer, be reduced. - that the importation in Canada of weapons not equipped with a secure locking device be forbidden. - that the road transportation should be done under escort or in armored trucks. - that the storage in a location not specifically designed for the storage of firearms should require the constant presence of security guards. 3) STORAGE OF THE SERVICE WEAPONS OF POLICE DEPARTMENTS According to article 3, paragraph 1)d) and 3, of the Regulation, the police officer, who stores his service weapon at home, must respect the prescriptions of said Regulation except if he has received from his supervisor "express instructions" on the storage of the weapon. Consequently, I have asked representatives of the Sret du Quebec, of the MUCPD and of the ADDPQ who have testified during the inquiry, if the Provincial and Municipal police services had issued "express instructions" regarding the storage of the service weapons. At the Sret du Quebec, each officer has a locking device and a storage case which allow storage of the locked weapon in a container which is also locked. Each officer has received a copy of a directive on the storage of the service weapon at home. This directive repeats word for word the dispositions of the Regulation which deal with the storage of the restricted weapon. With this directive, an integral copy of said Regulation has been provided. At the MUCPD, a directive stipulates that the service weapon, which is stored at home, must be stored according to the Regulation, adding that the cartridges must not be stored with the weapon, by specifying the steps to be followed and by suggesting to use handcuffs as a locking device for the revolvers. In addition, this directive stipulates that the service weapon can be withdrawn on "recommendation of the employer's physician in any situation where the officer is of the opinion that safety requires it" among others (C-48, directive 422-3). The weapon will be returned to the officer only if the "[Personnel Management/Health section or Internal Affairs Division] advises in writing ... the unit supervisor that the officer may get his weapon back" (C-48, directive 422-3, page 4). Finally, at the Sret du Quebec and at the MUCPD, it is preferred that the weapon be stored at the workplace rather than at home. In addition, there are provisions, upon express written request of the supervisor, for the police officer to be relieved from the obligation to unload, lock and store his service weapon at home if there are serious reasons to believe that, owing to his function, his safety or that of his family might be in jeopardy. According to the ADDPQ, the majority of the Municipal police services favor the storage of the weapon at the workplace over storage at home. Moreover, they have issued a directive or a communique requesting that their members store it according to the Regulation if they have to store it at home. Several police services use the handcuffs as secondary locking devices for the revolvers. Keeping in mind the difficulty of interpreting the Regulation and the principle of a secure storage, knowing that there are secure locking devices which are recognized as such, I believe that: - following the example set by the Sret du Quebec, all Municipal police services should issue to their members a secure locking device and a rigid container which can contain the weapon and be locked. - while waiting for modification of the Regulation, all police services in Quebec should issue a directive to their members favoring storage of the service weapon at the workplace over home storage and requiring, if it is stored at home, 1) that the weapon be unloaded, locked by the supplied device and placed in the locked container also supplied 2) that the ammunition be stored in a distinct locked container unless the weapon is in a safe or a vault. With due regards to the duties which may jeopardize the safety of an officer and his family, I believe that it is indeed justified that a police officer may, on express written permission of his supervisor, be authorized to store a service weapon, at home, loaded and easily accessible by not being locked and not being placed in a locked container. Finally, I hold that, as done by the MUCPD, all police services should have provisions for withdrawing the service weapon when the employer's physician or the officer are of the opinion that the safety of the officer or his relatives demands it. 4) COMMUNITY STORAGE OF WEAPONS Suggestion and arguments in favor The Coalition for gun control (C-64), the Association qubcoise de suicidologie (C-27), Mr. Bola and Mrs. Derasp suggest that locations be setup for community storage of firearms. This form of storage would avoid that the weapons be in the residences all year long while in fact, several are utilized only for a very short period of time, such as the hunting season. Opposing argument According to the Fdration qubcoise de tir and the Regroupement pour une gestion efficace de la possession d'armes feu "... the idea of community storage ... is ... dangerous. For instance we can discuss the case of several armorers and sports retail stores which were the target of thefts and this on more than one occasion. We believe that amassing a great number of firearms in the same location would only serve to tempt forcible action by our criminal elite, increasing de facto the number of illegal weapons in circulation on the black market. This would be opposite of the desired goal. Moreover, a community storage would have the side-effect of increasing traffic in the immediate vicinity of said weapons depot. The weapons owners would therefore become easy prey for thieves who would only have to chose which bird to flock from the lot. Incidentally, a significant increase of police officers would be also required in order to ensure the safety of the surroundings." (C-62, pages 14 and 15). Analysis Remembering the weapons thefts which occurred in the warehouses of a weapons import company in 1992 and 1993; keeping in mind the testimony of Mr. Ct, owner of sports retail store, to the effect that, notwithstanding the installation of a secure vault, his store still is the subject of occasional attempts to steal weapons: I reject this suggestion because it seems to me that it has a disadvantage (possibility of theft of several weapons) which would annihilate the advantage of the desired goal, said advantage being achievable by safe storage at home. 5) RESTRICTING THE PURCHASE OF AMMUNITION Suggestion and arguments in favor Mrs. Grenier suggests that the sale of ammunition to minors be prohibited. The MUCPD and the ADPPQ suggest that the purchase of ammunition be possible only upon presentation of a permit or of a certificate allowing to verify that the buyer is a legitimate owner of firearm(s). Mrs. Grenier justifies her proposal by the fact that if it had not been for the possibility of her 16-year old son to acquire the ammunitions, he could not have taken his life, the weapon having been stored without ammunition. The MUCPD did not produce arguments supporting her suggestion. The ADPPQ justifies its suggestion by the fact that it would then be more difficult to use a stolen weapon. Analysis In the absence of opposing arguments, I immediately proceed with the analysis. The Regulation on explosives (C.R.C., ch. 509, article 120.1) allows any one, who is aged 16 and over, to purchase ammunitions. The mere fact that such a permission in the sale of ammunitions can annihilate the efforts made tl safely store the ammunition and the weapon, supports the suggestions without requiring any further arguments. This is why I retain them. 6) INSPECTION OF THE PREMISES "To authorize police officers or another category of designated persons ... to enter any premises, including a residence, to inspect the safe storage systems, the locking ... of the firearms declared by a person" (C-49, page 10, the underlining made by the undersigned). This suggestion is repeated in substance by other interested parties (C-37, 64) adding "Each time an officer investigates at a given location, he should verify if weapons are there and to ensure that they properly stored." (C-37, page 32). Analysis I have not exposed the arguments supporting this suggestion nor those opposing it, this for a major reason, this suggestion clearly goes against the Canadian and Provincial Charters of Rights. It would be, if applied, a search without motive and without warrant. Moreover, I cannot see how this suggestion could be justified, while it is presently possible: - to obtain a search warrant to seize the weapons of a person, if there "are reasonable motives to believe that it is not in the interest of this person or of other to let that person keep these weapons" (Criminal Code, article 103(1)). - for the same reasons, to seize these weapons without a warrant "when the urgency of the situation, due to the risks for the safety of that person or of another, makes the securing of a warrant impractical ..." (Criminal Code, article 103(2)). 7) MANDATORY REGISTRATION OF UNRESTRICTED WEAPONS According to some interested parties, since unregistered weapons do not have to be registered: - it is impossible to know how may there are, to identify the owners, to know how many each of them has and how he stores and transports them; - some owners do not hesitate to "loan" them without knowing about the abilities of intent of the borrower, others do not report the theft or the loss of their weapons, others are negligent regarding the storage of their weapons so they may be readily accessible to an unauthorized user (suicide, accident) or to a thief (homicide). - some owners who have reported the theft or loss of their weapon, had not noted the serial number of the weapon, so that peace officers could not record the theft or loss of these weapons in the computerized data base setup for this purpose. Consequently, if there was mandatory registration of all the weapons, just as there is mandatory registration of vehicles, it would be possible to establish the link between the owners and their weapons. This way the weapons owners would be made responsible for the danger of lending for obscure motives and regarding the necessity of safe storage and transportation of their weapons to avoid unauthorized usage or theft (C-37, 47, 48, 49 and 64). Moreover, the registration would allow the following: - "An owner whose weapon has wounded or killed someone (sic) would have to prove that he did everything he could to prevent such an event ..." (exhibit C-49, page 11, the underlining is by the undersigned). - Peace officers could then , at any time, without motive and without warrant, search the residence of any firearms owner to verify if he complies with the storage and transportation rules and charge him with violations as required. Analysis I must state that I intended, when the registration of unrestricted weapons was brought up for the first time during the public hearings, to immediately call to order the interested party by reminding him that firearms control was not the subject of the inquiry. However since it was claimed that it would be demonstrated that the registration would make the firearms owners responsible so that they would practice safe storage and transportation, which is the subject of the inquiry, I have allowed that the arguments supported this suggestion be presented to me. This permission having been granted, I also allowed that the opposing arguments be presented to me. However all interested parties were advised, as in the case of any other suggestion, this suggestion could be rejected if it turned out that it did not pertain to storage or transportation of firearms. After examining the supporting arguments, I note the following: - There is a main suggestion (the registration) and accessory suggestions (modification of the rules of evidence, searches without motives and warrants). - The direct consequence of the main suggestion is to establish the count of weapons and their owners, not safe storage and transportation of weapons. - The supporting "arguments" of the main suggestion are not arguments, they are only a statement to the effect that the will be owners will become responsible, if there is registration. But: - the interested parties brought no study or analysis allowing to demonstrate that the desired goal (safe storage and transportation) will be achieved by applying the main suggestion; - failing to produce such a study, they have not produced any study or analysis demonstrating that a similar or an identical method, already applied to reach a similar or identical goal, has yielded the anticipated results. - It has been admitted that, registration would not achieve the desired goal since if would be necessary to use, not the main suggestion, but the accessory suggestion to achieve the desired goal, the safe storage and transportation. This is why, taking the following into account: - the total absence of arguments which would demonstrate that the desired goal will be achieved though the main suggestion; - a suggestion (the registration) having for direct consequence the count of firearms and of their owners, which is not the subject of the inquiry; I reject said suggestion. Having rendered this decision; I do not proceed with the analysis of the opposing arguments and I reject the accessory suggestions, one of which had been rejected earlier, the accessory having to follow the main. 8) INTERVENTION OF HEALTH PROFESSIONALS Suggestion and arguments in favor The Collge des mdecins du Quebec, the Fdration des mdecins omnipraticiens, la Fdration des mdecins spcialistes and four of its affiliated associations -- pediatrics, psychiatry, community health and public health should: - entice their members to inquire about the presence of firearms when a person is suicidal-homicidal; - set forth directives on what they should do in case of a positive reply this, to protect the patient or persons close to him (C-49, 52,62). The interested parties who formulated this suggestion specify that these professionals do not react by inquiring about the presence of firearms when they could, whether or not the patient is the owner of the weapons, inform those close to the patient of the risks that an unsafe storage or the presence of firearms in the residence might represent. Opposing arguments While not against this suggestion, the Confrence des Rgies rgionales de la sant et des services sociaux du Quebec and the Conseil des directeurs rgionaux de Sant publique, mentioned that it might go against professional obligations not to divulge confidential medical information. (Testimony of Mr. Boileau). Analysis Studies demonstrate (refer to Suggestion 2, Analysis) that suicidal persons are often afflicted with a mental disorder (depression, etc) the presence of which is unnoticed by the persons themselves and their relatives. Moreover, health professionals have observed that, once the decision to commit suicide has been made, thus knowing that the suffering will end, the suicidal person may fool the vigilance of his relatives because he will be happier, more serene. Two reasons lead me to believe that the relatives should be informed of the potential hazards. However, does the Code de dontologie de mdecins [medical code of ethics] (S.R.Q., c.M-9,r.4), more specifically in its articles 3.01 and 3.04, allow the physician to act in this manner? - Article 3.01 "The physician must keep secret what has come to his knowledge during the performance of his duties ..., unless the nature of the case requires it.". - Article 3.04 "The physician may however disclose the facts which he has personal knowledge of ... when there is a just and imperious reason related to the health of the patient or of his relatives". When advising the relatives that a firearm might be used in cases of suicidal-homicidal ideation by the patient, is the physician "disclosing the facts which he has personal knowledge of" (article 3.04)? Maybe not, since this article refers to facts that the physician has observed himself (ex: the presence of a contagious disease). If such is the case, may the physician then advise the relatives while complying with article 3.01? Maybe not, since the Code des professions (L.R.Q., c.C-26) stipulates in article 60.4 that the "professional must the respect the secrecy of any information of a confidential nature which comes to his knowledge during the performance of his professional duties. He can be relieved of this only by the authorization of his client or as ordered by law". These are questions which require reflection and which would demand, in case of negative replies, a modification of the above mentioned codes. Because, the risks (suicide/homicide) cannot be rejected out-of-hand. Also taking for granted that: - the application of this suggestion must not obviate, or the used as an alternate way, to other means which might prove necessary such as hospitalization through the application of the Loi sur la protection du malade mental [law on protection of the mentally ill]; - said suggestion would be applicable by virtue of the present codes or modified codes; I retain this suggestion. 9) SANCTIONS IN CASES OF INFRACTION TO STORAGE AND TRANSPORTATION RULES Suggestions and supporting arguments Several interested parties (C-37, 47, 49, 52, 64) suggest that failure to obey the rules on storage and transportation be subject to "systematic accusations" and to "appropriate penalties" upon declaration of guilt. The ADDPQ adds that the weapons should be confiscated in case of repeat offenses (C-47). All base their suggestions on the fact the "demerit points, tests for alcohol and suspension of the driving permit have had some effect on car driving and road accidents" (C-32). Analysis There were no opposing arguments this is why, I proceed immediately with their analysis. Accusation is a discretionary power, the imposition of a sentence follows strict rules (example: exemplary nature, attenuating circumstances, etc); this is why, I cannot retain the suggestion intended for police officers, substitutes of the attorney general and for the magistrature. Moreover, considering the difficulties in the interpretation (refer to suggestion 1) which do not simplify the police officer's tasks and which might require that substitutes and the courts of justice resort to interpretation rules this, more often than would be desirable, the stated objective being the safe storage and transportation of firearms and not a debate on what constitutes storage or transportation complying with the Regulation; I believe that the welfare of all would be better served by modifying the Regulation to make it comprehensible by all, especially weapons owners, rather than attempting to apply "systematically" dispositions subject to interpretation. The ADDPQ has not elaborated what it means by "confiscation of weapons". However, since this confiscation can have value only if it is accompanied, for a certain period of time, by the prohibition to possess a firearm, by the revocation of any permit authorizing the possession of a firearm and by the prohibition to deliver such a permit (criminal code, article 103(6)b)/5-year maximal period); I take it for granted that the ADDPQ is referring to a confiscation of the weapon accompanied by the measures which I have just mentioned. Taking into the account the arguments presented, which are of public notoriety, and under reserve of modifications of the Regulation so that it would not be subject to interpretation, so that each owner knows how to store and transport his weapon; I retain the suggestion of an automatic confiscation of the weapon in case of repeat offenses, said confiscation to be accompanied by measures similar to those mentioned in article 103(6)b) of the criminal code. 10) INFORMATION INTENDED FOR THE GENERAL PUBLIC AND SPECIFIC GROUPS A) THE GENERAL PUBLIC Suggestions and supporting arguments Based on the numerous studies establishing that there is an increase of the risk of suicide, accident or homicide when a firearm is present in a residence; based also on the descriptive studies from the Coroner and the MUCPD as well as results of polls conducted in Quebec: several interested parties suggest that there be a publicity campaign of the Regulation and for sensitizing the public to the risks stemming from the unsafe storage and transportation of firearms. The results of these polls are as follows (C-37): - Insight Canada Research poll, winter 93, 1103 households in Canada/"When no choice of answers is offered, only 9% of Quebecers polled know the safe firearms storage rules". - Lger & Lger poll, September 1 to 13, 1994, 515 firearms owners living in Quebec: - knowledge of the regulation/53% believe that there is a law on storage, 31.8% stated the opposite, 15.5% are undecided. The average success rate on the six "true of false" questions on the Regulation is 59.4%. - loaded weapon/0.4% of long weapons are kept loaded. However, 12.9% of the 48 owners who own a short weapon, keep the weapon loaded at all times and 75% of these 12.9% act in a manner allowing rapid use of the weapon. - weapon equipped with a locking device/this system is used for 33.9% of the weapons. - weapon in a locked place/39.2% of the owners keep their weapon(s) in a locked place. 50% of the owners of short weapons, store them in a safe or a vault. 33.3% of the owners of short weapons and who do not store this weapon in a locked place, say they act in this way because there is no ammunition in the residence. - motive which would incite to make the weapon inaccessible"/the three motives most often given are the presence of children 23.9%, theft 2.9% and the law 1.9%. However, 30.4% of the owners believe that no motive could incite them and 25.9% of the owners do not know if a motive could incite them. - motive which would incite to render the weapon inoperable (locking device or removal of a part)/the motives most often given are the children (15.4%) and the law (3.3%). 42.2% of the owners do not know if a motive could incite them and 16.1% of the owners believe that no motive could incite them. - handling of the weapon/According to 21.6% of the owners, other persons have access to the weapon. In 41.5% of cases, it is the wife, and in 29.3% of cases, it is the children. 68.5% of persons who have access to the weapon have taken courses on the handling of firearms. Opposing arguments Without being radically opposed to this suggestion, the MEF and the Fdration qubcoise de la faune believe, according to their experience in education and information matters, that "in order to achieve maximum effectiveness, it is necessary to develop simple means designed for specific groups. General public types of campaigns which target everyone but where nobody feels concerned because the message is too general, are very ineffective in spite of the often high costs of using the electronic media" (C-53). Analysis Setting aside what was raised during the supporting arguments for this suggestion, I note that: - Of the four deaths which occurred in 1993, three of the persons who were possessing weapons did not know there was a regulation on the storage of weapons. The fourth person was about to procure a secure locking device believing that the Regulation would be in force starting on the 1st of January, 1994 (this confusion is doubtless attributable to the new dispositions regarding the firearms acquisition certificate coming in force). - In four of the five deaths which were examined during this inquiry, the weapon had not been used for several years. - In three of these five deaths, the owners thought their relatives were safe because there was no ammunition in the residence. - the Federal department of Justice has produced a brochure regarding the Regulation. The D.o.J. has published a full-page advertisement regarding the Regulation this, in 10 specialized magazines such as "Sentier Chasse et Peche". In September 1992, the D.o.J. has published an information booklet which was mailed to 11,000,000 Canadian households. Finally, during the months of January and February 1993, the D.o.J. has broadcast an ad informing the public of the Regulation which became applicable on the 1st of January, 1993 this, on the main television networks in Canada. However: - The gun owners in the five deaths studied do not recall having seen the information booklet and four of them do not recall having seen the televised advertising. - Upon reading the briefs of some interested parties and according to the testimony of some others, it appears that some interested parties did not know, before being invited to participate to the present inquiry, about the existence of the Regulation, that others have never seen any advertising whatsoever regarding said Regulation. - The information booklet on the Regulation is available to the public in racks located in the point of services of Municipal and Provincial police departments. This booklet contains factual errors in its English and French versions, in addition to discrepancies between said versions which can only create confusion. For instance: - In the French and English versions of the booklet, under the title "armes autorisation restreinte" [restricted weapons], it is written, in the first and second paragraphs, that the weapon must be stored in a locked container, a locked room, in a safe or in room built especially for this purpose. However, in the third paragraph, there is a discrepancy between the English and French versions as well as a factual error in the French version. According to the French version, the ammunition can be stored with the weapon, if the weapon is in "one of the containers or locations listed" in the first and second paragraphs. According to the English version, the ammunition can be stored with the weapon, if the weapon is in "one of the types of containers described" in the first and second paragraphs. The French version is wrong, the ammunition cannot be stored with the weapon which is in a locked room or in a room built especially for this purpose. - It is written in the French version of the text under the title "le transport", "Any restricted weapon must, during transportation, be unloaded and individually stored in a locked container". This is false, the weapon must also be equipped with a locking device as indicated in the English version "Restricted firearms must be unloaded, individually locked and put in a locked case when being transported". - In the English version of the text under the title Display", it has been omitted, in the first paragraph, to mention that it is required to lock the container or the room in which the unrestricted weapon can be displayed. While in the French version of the same text, it is mentioned, in the second paragraph, that the restricted weapon must be attached to a non portable structure "de manire empcher son retrait" [in such a manner as to prevent its removal] while the Regulation states "de manire qu'on ne puisse l'enlever facilement" [in such a manner to it cannot be removed easily]. - Finally, after having explained lengthwise, sidewise and crosswise, that the ammunition can be stored with the weapon in some cases; it is said, under the title "Le maniement" [Handling], that "any firearm must be ... away from its ammunition except during its use". - In the information booklet distributed through the mail (only the French version was introduced [to the inquiry], the same error is repeated regarding ammunition storage. Moreover : - the text pertaining to storage and mise en montre of unrestricted weapons contains errors. - the text pertaining to the restricted weapon does distinguish between storage and mise en montre so that it contain errors. - the text pertaining to the transportation of the restricted weapon does not mention that the weapon must be equipped with a locking device. Consequently, I note that the written advertisement is erroneous and that the written and televised advertising does not seem to have caught the attention of the public. With the result that the public is not informed of Regulation which came into force or is poorly informed of its contents. In addition to the above, I note that the general public includes owners of firearms who have not used their weapons for several years and who are not members of firearms related associations. This is why, I retain that a minimal advertising intended for the general public is necessary. I retain also that, under the reserve of modification of the Regulation, there should be a clear, concise, written advertisement intended for the general public. Finally, I retain that this advertising should be prepared in consultation with jurists to ensure the correctness of the contents. Finally, taking into account of all the above and the motives which would incite to render the weapon less accessible: - I note that the persons who undergo the CCSMAF [Cours Canadien de Scurit dans le Maniement des Armes Feu -- Canadian course on safe firearms handling course] have said to be surprised by the number of suicides by firearms then declare to be sensitized to the fact that the weapon should be stored safely (testimony of Mr. Banks); - I note that according to the September 1994 Lger & Lger poll: the risks of theft, suicides and homicides stemming from an access to the weapon which is too great do not seem to have caught the attention of the weapon owners; that except for the risks of accidents for children, the risk of accidents in general, does not seem to have caught the attention of the weapons owners either. This why, I retain that a publicity campaign to sensitize the population on said risks is necessary. B) TARGET GROUPS Suggestions and supporting arguments Based on the general motives mentioned in support of the information intended for the general public and adding that the information would have more impact if it was customized and keyed to the interests and activities of some target groups, some interested parties suggest that there be customized campaigns to sensitize the target groups and that the channels used for this purpose differ according to the groups. The MEF believes that hunters should be the first group to the targetted by a customized campaign because it is among them that there is the largest number of firearms owners. Some interested parties have mentioned other target groups which would be: - the associations of firearms collectors and target shooters, - the holders of restricted weapons registration certificates, - health professionals, particularly those in mental health, - suicide prevention organizations, - parents associations, - associations of parents and friends of mental patients, - chalet owners associations, and which could all be reached through their meetings, their magazines and the other information channels that they use. As an example of the usefulness of such campaigns, the Association de sant publique du Qubec [Public Health Assn.] tells me "We proceeded to make a few checks with two associations of lakefront property owners. The two associations set up each year activities to sensitize on marine safety and environment protection. But none of them has ever organized anything regarding safe firearms storage and transportation. In both cases, we are talking about territories where sporting hunt is regularly practiced. Their spokesman showed little knowledge of the regulations regarding this. However they easily recognize that several owners in their association, if not a majority, keep hunting weapons in their chalets." (C-65, page 7). Instances of similar campaigns previously conducted: - the MEF mentions the four pages of information on the storage and transportation of weapons which were included in the "Chasse - Principales rgles" brochure [Hunting - Main rules] which was distributed to the 470,000 persons who bought hunting permits in 1993 (C-55). Video clips were shown during "Canadian Tire evenings" which are attended by numerous hunters. - the Sret du Qubec mentions the issuance of a copy of the Regulation when issuing each permit allowing the buyer of a restricted weapon to transport the weapon from the store to his residence. The SQ's participation, as a trainer, during firearms shows and several hunting and fishing gatherings. The distribution of copies of the Regulation during shooting competitions. The booklet on the Regulation is available at all offices of the Sret du Qubec. Examples of upcoming campaigns: - the Sret du Qubec mentions its intention to organize meetings with several associations involved with firearms and information visits during shooting competitions, and its intention to set up an information program for its members and the Municipal police departments; - the MEF suggest that secure locking devices be distributed at no charge, during gatherings of firearms owners. - several interested parties have said they are open to participate in spreading around and/or writing information articles intended for their peers; - the Association de la sant publique du Qubec declared itself ready to collaborate to a campaign where "municipalities would be responsible to forward to all chalet owners on their territories, along the Municipal taxes bill or otherwise, the required information" (C-65, page); - this association also declared itself ready to put in practice the advertising expertise that some of its members possess. Analysis In the absence of opposing arguments, I proceed immediately with the analysis. Taking into account: - the information received during the inquiry regarding the knowledge on the Regulation that the general public and weapons owners have; - the existence of the target groups which get their information from associations which regroup them; - the existence of information channels which are favored by said associations; I retain the suggestion, under the reservation of modifications to the Regulation. However, I note that: - the groups would be targeted according to activities and interests of all kinds; - the collaboration of several interested parties will be necessary to define the target groups, determine to which associations these groups belong, target the information channels which should be used; - this campaign can be possible only with the concerted efforts of everyone; - this advertising will require expenditures (publications in magazines, posters, etc) - the Federal Department of Justice is entirely responsible for the Regulation which will be the subject of the advertising; This is why I retain that this suggestion must be subject to two conditions: - the creation of a Provincial committee which would be responsible for planning and organizing said information and sensitization campaign; - the release of funds by the Federal Department of Justice for this campaign and the transfer of these funds to said Provincial committee. 11) TRAINING OF FIREARMS OWNERS Suggestions and supporting arguments On December the 21st, 1993, like his colleagues from other Canadian provinces and in compliance with article 106(2)c)i) of the criminal code, the minister of the Scurit publique du Qubec, approved, [as a condtion for] obtaining a firearms acquisition certificate, the successfull completion of the Cours Canadien sur la Scurit dans le Maniement des Armes Feu (hereunder called the CCSMAF). This approval came into force on January the 1st, 1994. During the summer of 1994, "following representations made to him by several organizations and the MEF" (C-53, page 6), the minister of Public Safety approved two other courses: le Programme d'ducation en Scurit dans le Maniement des Armes Feu (hereafter called PESMAF) [Education Program], given since 1969 and mandatory for obtaining hunting certificates from 1972 to 1980; the course on Scurit dans le Maniement des Armes Feu (hereafter called SMAF), given and mandatory for obtaining hunting certificates from 1980 to 1993. As the Regulation came into force on January 1, 1993, only the CCSMAF addresses said Regulation. The SMAF and PESMAF only mentioned that the hunting weapons stored at home and transported had to be unloaded and locked. Only the CCSMAF addresses the mechanical actions, shooting and methods for restricted weapons whereas to obtain a registration certificate for a restricted weapon, it is necessary to have a firearms acquisition certificate. The safety rules of the PESMAF were incomplete and imprecise. The explanations of the SMAF regarding the loading and unloading of the long weapon were limited to the break-open action when there are lever, bolt, slide actions, etc. The PESMAF gave no explanation on the loading and unloading of the long weapons (C-41). This is why, several interested parties suggest that the minister of public safety approve only the completion of the CCSMAF or its test for the purpose of obtaining a firearms acquisition certificate (C-37, 49). This is why, some interested parties suggest that the minister approve only the successful completion of the CCSMAF for obtaining a firearms acquisition certificate (C-47, 64). Opposing arguments Remembering the mandate of the MEF, the application of the Loi sur la conservation et la mise en valeur de la faune and of the Rglement sur la chasse [Wildlife Protection and Hunting regulations], remembering that the MEF has therefore no mandate regarding the enforcement of firearms control laws, remembering that its participation is therefore within the scope of its mandate which includes providing hunter information and education; the MEF believes that it is proper to recognize the PESMAF and SMAF courses for obtaining the firearms acquisition certificate, this considering the following: - In order to obtain a hunting permit, it is necessary to have a hunter's certificate. According to the Rglement sur la chasse, the hunter's certificate can be issued only if the training program required by the MEF and the tests have been concluded successfully. From 1980 to 1993, the Programme d'ducation la scurit et la conservation de la faune (hereunder called PESCOF) [Safety and Wildlife Conservation Education Program] included several courses, including the SMAF. On January 1 1994, in order to avoid that those who had just obtained the hunter's certificate had to follow two courses on the handling of firearms -- the SMAF for the hunter's certificate and the CCSMAF for the firearms acquisition certificate -- the MEF revised the PESCOF and replaced the SMAF by the CCSMAF. Consequently, the MEF is therefore more demanding for the hunter's certificate than the public safety minister is for the firearms acquisition certificate, because the MEF requires that the CCSMAF course be attended and the test passed successfully, while the public safety minister allows that only the test be taken successfully. - the CCSMAF includes the 4 basic safety rules of firearms handling which were taught in the SMAF. - In the chapter on home safety, the SMAF and the PESMAF advised "always to place the firearms out of reach of children, to store the firearms in a locked location, preferably after partial disassembly"; regarding the ammunition, it was advised "not to leave them with the firearm and to store them under lock and key". For safety in a vehicle, the same advice was given, unloaded weapon in a locked container and ammunition away from the weapon (testimony of Mr. Desjardins). - Hunting accidents statistics demonstrate that the hunting safety objective, which was the intent of the SMAF and PESMAF, has been achieved, considering the 400,000 hunting permits sold yearly in 1992 and 1993 and the number of hunting accidents (In 1992/1 fatal accident, 12 non fatal accidents. In 1993/4 fatal accidents, 11 non fatal accidents C-56). - Only the persons wishing to purchase a weapon must obtain a firearms acquisition certificate. Consequently, if the CCSMAF was the only recognized training course: - it would only a "very small percentage" of the 700 to 800,000 holders of the hunter's certificate, which each year would be required to take the CCSMAF; because "it is only a very small percentage of hunters who change their weapons annually, we're talking about a few thousand persons". - it would take "years and years before everybody could be finally reached and the rules (storage and transportation) would have had time to change" (testimony of Mr. Desjardins, words in parentheses are by the undersigned). This is why, the MEF believes that: - forcing the 700,000 holders of a hunter's certificate, who have followed the SMAF and PESMAF, to follow the CCSMAF would not result in informing them on the Regulation in a timely manner. - a well-designed information campaign would allow to reach the desired objective, this much more quickly. Analysis Considering: - the poll results, particularly the Lger & Lger poll of September 1994, and the studies conducted by the Coroner's Office and the MUCPD; - of the absence (SMAF) or quasi absence (PESMAF) in the training given before the CCSMAF on the techniques of loading and unloading the various type of actions of firearms, said techniques being essential to the safe storage and transportation of firearms; - the absence of training on the restricted weapons in the PESMAF and SMAF when there is at present the possibility of obtaining a restricted weapon after having followed these training courses; - the knowledge acquired by holders of hunter's certificates who have followed the PESMAF and SMAF and the experience they have developed later on; - the fact that it would be impossible to evaluate the knowledge that holders of hunter's certificates would acquire from an information campaign; - the failure rate 15% on the test of the CCSMAF among those who only take the test without attending the course (testimony of Mr. Lacombe); I retain that there should be changes regarding the approval for obtaining a firearms acquisition certificate. This is why, I believe it would be desirable that the present minister of Public Safety approve [for the purpose of obtaining an FAC]: - the CCSMAF training course for any one who is not the holder of a PESMAF or a SMAF (sic) [understood to mean someone who did not follow and pass the test of either course], this would allow to educate those making a request who have acquired no knowledge and no experience with firearms; - the test of the CCSMAF for anyone holding a PESMAF or a SMAF [completion certificate ?], which would allow to recognize the acquired knowledge and the experience and to measure their knowldege on subjects not taught previously, among others, the loading and unloading of various actions of firearms and the items specific to restricted weapons. 12) TRAINING OF POLICE OFFICERS Suggestions and supporting arguments All Municipal police departments have received, from the Federal department of justice and through the Sret du Qubec, an information package for police personnel. This included folders, including the folder on the Regulation, copies of the regulations and a video tape cassette lasting 30 minutes on the Regulation. The ADDPQ mentions that half of the 62 Municipal police department directors, who have replied to the ADDPQ questionnaire pertaining to the knowledge of the Regulation by police officers, have used the information package supplied by the Federal department of justice and that the other half have used means such as including the information in the regular shooting sessions (sic). The ADDPQ also mentions that only two of the nine CEGEP [post-secondary Collge d'Enseignement Gnral et Professionnel] which provide training for new police officers, offer a few hours of training on the Regulation. By emphasizing that the law and the regulation pertaining to firearms are complex, the Fdration qubcoise de la faune, the MUCPD and the ADDPQ suggest that there be training for the Municipal police officers this, because "the officers' training must be much more than sensitization and information. The police organizations work with the tools they are given. A book of regulations, a folder and a video tape cassette are clearly insufficient to change mentalities and develop new abilities" (C-47, page 6). By emphasizing that the students in police techniques are tomorrow's police officers, the ADDPQ suggests in addition, that the CCSMAF be mandatory in the training program this, so that the future police officers have a basic formation on the safe handling, storage and transport of firearms. Analysis Aside from what is mentioned above, I note that: - the 59 agents of the Sret du Qubec who are assigned to the issuance of firearms permits have received a special formation on part 111 of the criminal code (dispositions pertaining to firearms) as well as on the Order-in-Council decrees and the relevant regulations (storage and others). In the years 1994 through 1996, the Sret du Qubec will provide an information program to the 4440 other officers of the Sret du Qubec and to the Municipal police officers working on the territories of the Sret du Qubec. This program, while not the equivalent of the training given to the 59 officers who issue permits, will provide specific and detailed information on the basic dispositions relative to the types of weapons, permits, storage, transportation and the various possibilities for seizing firearms. - At the MUCPD, which is a member of the ADDPQ and which is, after the Sret du Qubec, the largest police department in Quebec, there has only been the distribution of the folder on the Regulation followed by "pointers on the Regulation by the firing line officer during monthly shooting practice" (C-48, page 2). - Several dispositions pertaining to firearms are found in part 111 of the criminal code. Some of these dispositions allow to put an end, or to suspend, the storage when there is a risk to the safety of the owner and of his relatives. - Few police department have, like the MUCPD and the Sret municipale de Hull, a procedure regarding conjugal and familial violence reminding their members that "if there are reasonable motives to believe that a crime has been committed" the officer "proceeds with the arrest of the aggressor..." and "if there is a firearm on the premises and that there is a risk for the victim, seizes the weapon and the ammunition at once..." (C-48, procedure 501-5). Consequently, I retain that all police officers in Quebec should receive basic training on the dispositions and procedures pertaining to firearms. Moreover, taking into account the fact that it is to the advantage of future police officers to have a basic formation regarding firearms, I also retain the suggestion which applies to them. 13) STUDIES Suggestions and supporting arguments According to the results of the questionnaire the ADDPQ sent to its members, on 118 suicides by firearms between January 1 1991 through December 31 1993, it was known in only 53 cases whether or not the weapon had been transported, mise en montre, transported or handled during the moments preceding the discharge (C-47). According to the results of the study conducted by the Coroner's Office, it appears, during the inquiry, that essential information such the ownership of the weapon, its storage and its transportation is often missing. According to several interested parties, it would be important to know this information this, to better know the current situation pertaining to suicides and accidents by firearms and to determine which are the weak points on which to concentrate the efforts. This is why, said interested parties suggest that the police departments provide more information in the reports on suicides and accidents by firearms, including the type of action, the caliber, the serial number of the weapon as well as the ownership, the transportation and the storage of the weapon and of the ammunition. This is why, these interested parties suggest that the coroners do likewise. This is why, some interested parties suggest that, in the coming years, the Coroner's Office pursue the descriptive study conducted for the present inquiry (C-37, 52, 74). Analysis In the absence of opposing arguments, I proceed immediately with the analysis. There is no doubt that the study conducted by the Coroner's Office and the results of the questionnaire of the ADDPQ reveal that the suicides and accidents by firearms are not as well documented as they should be, which does not allow to determine the extent of the various problems (are they, in most cases, weapons stored in loaded condition, of ammunition or weapons too easily accessible, weapons used by others than the owners, persons who made previous suicide attempts or suffering from a mental disease, etc?) and, consequently, to determine remedies to apply and the priorities among these. This is why, I retain the suggestions. However I note that these suggestions would be more profitable if police officers and coroners were looking for common elements and if other groups such as the ministre de la Sant et des Services sociaux [Health and Social Services Department] and the MEF provided documentation on non lethal accidents and suicide attempts from the same elements. This is why, I retain: - that a committee, consisting of a representative of the ADDPQ, of the MUCPD, of the Sret du Qubec, of the Coroner's Office, of the ministre de la Sant et des Services sociaux and of the MEF, should prepare a list of questions - such as the Hadon grid which is used for road accidents - which would be used by all parties. - that each of these parties should incorporate the results obtained from said grid, in the reports pertaining to these deaths, these non lethal accidents and these attempted suicides by firearms. - that on a yearly basis, at least for the next three years, the Coroner's Office, compile the reports pertaining to suicides and lethal accidents by firearms. - that the MEF and the ministre de la Sant et des Services sociaux do likewise for the non lethal accidents and suicide attempts by firearms. Finally, taking into account the fact some homicides by firearms take several months - in some cases, more than a year -, before the reports are completed, I retain that the ADDPQ, the MUCPD and the Sret du Qubec should also compile each year the homicide reports, this by proceeding from the reports completed during the year. RECOMMENDATIONS Keeping in mind the specifics, the clarifications and reservations mentioned during the analysis of the "Suggestions", I recommend: - the modification of both the form and substance of the Regulation applicable to the citizen; - the modification of the Regulation pertaining to the control of restricted firearms and firearms (sic) applicable to the dealer; - the adoption of a regulation pertaining to the storage and transportation of firearms entering Canada for transit to another country, to be exported to another country or to be sold in Canada. - that all police departments in Quebec provide each of their members, a carrying case to house the service weapon and which can be locked as well as a locking device for the weapon. - that until the Regulation is modified, that all police departments in Quebec adopt a directive as retained in the analysis of "Suggestion 3". - that it be prohibited to sell ammunition to person not holding a firearms acquisition certificate or a permit for minors for hunting for the purpose of subsistence. - that the Collge des mdecins du Qubec conduct a study of possibility for a physician, considering the present law and regulations, to inform the relatives of a patient at risk of suicide or homicide concerning the potential hazard of the presence or the storage of a firearm at the residence, this notwithstanding the authorization of the patient. That in the event of a positive answer, the Collge advise accordingly the Federation of general practitioners, the Federation of specialists and its affiliated associations: pediatrics, psychiatry, community health and public health; which shall establish a directive according to "Suggestion 8". That in the event of a negative answer, the Collge examine the possibility to modify the law and regulation so that this information can be communicated by the physician. - that a disposition be added to the criminal code calling for the automatic confiscation of weapons in case of a second offense as well as the revocation of any permit authorizing the possession of firearms and the prohibition to issue such permits. All of this for a period of time to be determined. - that there be a campaign to advertise the Regulation and to sensitize the general public and target groups, all in accord with suggestions 10)A) and 10)B). - that a Provincial committee be established which would be in charge of this campaign, as retained in the analysis of "Suggestion 10)B)". - that the current minister of public safety revise the approval required for obtaining a firearms acquisition certificate so that; the CCSMAF course be mandatory for anyone applying for the F.A.C. who does not have a certificate of successful completion of the PESMAF or SMAF courses, the test of the CCSMAF be mandatory for those who have a certificate of successful completion of the PESMAF or SMAF courses. - that all members of the police departments in Quebec receive basic training on the dispositions and procedures pertaining to firearms, including their storage and transportation. - that the CCSMAF be a mandatory part of the certificate of collegial studies in police techniques. - that a committee be created, that a grid be prepared and that reports be compiled on a yearly basis as retained in the analysis of "Suggestion 13". Finally, I strongly encourage the Sret du Qubec to carry on with its plans to train, as defined in its three-year plan, the police officers in Quebec regarding the dispositions and procedures pertaining to firearms. Signed in Montreal, this 13th of January, 1995 Anne-Marie David coroner REFERENCE MATERIAL C-25 Descriptive Study, Coroner's Office C-26 Descriptive Study, Key Points, Coroner's Office C-27 Brief, Association qubcoise de suicidologie C-37 Brief, Confrence des Rgies rgionales de la sant et des services sociaux du Qubec and le Conseil des directeurs rgionnaux de Sant publique C-47 Brief, Association des Directeurs de Police et de Pompiers du Quebec C-48 Brief, Service de police de la Communaut urbaine de Montral [Montreal Urban Community Police Department] C-49 Brief, Association des mdecins spcialistes en sant communautaire du Qubec C-51 Transparencies (overhead projector), Association des mdecins spcialistes en sant communautaire du Qubec C-52 Brief, Association des mdecins phychiatres du Qubec C-53 Brief, ministre de l'Environnement et de la Faune C-61 Brief, Fdration qubcoise de la faune C-62 Brief, Fdration qubcoise de tir and le Regroupement pour une gestion efficace de la possession d'armes feu C-64 Brief, Coalition for gun control C-65 Brief, Association pour la sant publique du Qubec C-73 Study, Clinique mdico-lgale de l'Universit de Sherbrooke C-74 Brief, Mr. Richard Boyer C-75 Brief, Association des collectionneurs d'armes feu semi-automatiques du Quebec. 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