DISSENTING OPINION OF THE PROGRESSIVE CONSERVATIVE PARTY OF CANADA ON THE PROPOSED FIREARMS REGULATIONS

We first would like to mention that we studied carefully all briefs tabled by the witnesses as well as listened to all their presentations before the Standing Committee on Justice.

Like all of them, we support effective gun control legislation. Unfortunately, we still believe that Bill C-68 and its regulations will not accomplish the government's stated goal of reducing crime involving firearms. The national registration system presented by the government places the onus on law-abiding citizens who are not the problem. It is our position that this will not reduce crime as those planning on committing a crime will not register their guns.

Furthermore, it is the same law-abiding citizens who will have to pay for this highly expensive registry system. Contrary to the statement made by the officials of the Department of Justice last October, we estimate that more than $500 million will be spent on the implementation of the government's gun control package, despite the fact that serious questions exist about the effectiveness of mandatory registration. Questions were put to the representatives of the Justice Department during the hearings as to how much the registration system would cost but no answer was provided. It is our position that a national registration system would be very expensive to implement and also a logistical nightmare.

It is also our opinion that this large sum of money will be spent with little or no impact on violent crime. Like many witnesses have mentioned, including the Canadian Police Association, it appears that changes to the Young Offenders Act, introducing DNA legislation and toughening the Criminal Code pertaining to the crime use of firearms would be much more productive.

We believe that instead of focusing on the indirect and unproven method of mandatory registration, such a large amount of money would be better spent on addressing the fundamental causes of violence and crime itself.

Arguments for Registration

Before presenting our recommendations to the Department of Justice, we would like to address one of the arguments that were put forward before the Standing Committee on Justice to justify firearms registration.

a) Registration will help prevent fatal accidents and suicides

While some suicides and accidents can be attributed to the ease of access to firearms, the extent of the problem is not known. Registration will not help the situation. We believe that the storage regulation could, on the other hand, help reduce the numbers of accidents and suicides, if it was applied properly.

Combating crime in a real manner is also a matter of education and training. We believe that by targeting our resources to safe storage and to gun safety training, progress could be realized.

Finally, since four provinces and two territories have decided to not administer the system, we do not believe that the measures tabled by the government will be efficient and reach their objectives.

Conclusion

• The goal of gun control legislation should be to ensure that:

1. Money is spent where it is needed, on policing and crime prevention; (the Minister has committed $160 million over the next five years on crime prevention compared to the possible $500 million that this gun legislation will cost to taxpayers).

2. those convicted of gun related crimes will receive mandatory stiffer sentences;

3. the use of guns in criminal acts will impact sentences, bonds and the parole of criminals;

To improve security in the public, these very important objectives should have been met in this set of regulations. Our conclusion is that they have not.

Taking into account that the motion to repeal these regulations have been defeated in Committee and that the public will have to live with these regulations, we have decided to present recommendations in order to try to help improve the registration system the best we could. The following is our recommendations to the Department of Justice:

I. General

1) With regard with the Progressive Conservative continued position that money would be better effectively allocated towards "real criminal oriented" programs, such as the implementation of a DNA data bank, the repeal of section 745 Cr.C. and targeted parole reform measures;

2) With reference to the Minister of Justice's letter dated November 27, 1997, inappropriately addressing at the last minute the CPA's concerns about cost and funding allocations; and,

3) With regard to the testimony made by Neal Jessop and Scott Newark from the CPA, which raised concern that there would not be proper action taken to implement an infrastructure for the administration of the firearms registration system;

We recommend that the government guarantees:

1) That the existing operational budgets not be cut so as to fund the firearms registration program;

2) That present police resources not be depleted so as to compromise existing law enforcement safety standards in administrating the new program; and

3) Finally, that the registration initiative be funded by new federal program spending.

Until such time as there is confirmation of federal financial coverage of all firearms registration costs, priority justification of such a program by the law enforcement representatives of this country should be suspect.

II. Firearms Registration Certificates Regulations

1. s. 3 (b) That s. 3(b) be deleted

2. s. 8 (1) and (2) In this section, it should be made clear that the "holder" is the person who is in possession of the firearm, and not necessarily the one that hold the registration certificate.

3. We recommend that there should be a provision, maybe under s. 9, where the Registrar would be given the power to issue a Revised Registration Certificate instead of simply revoking it.

III. Importation and Exportation of Firearms Regulations (individuals)

1. We recommend that s. 6 (1) (a) (b), s. 9 (1) (b) (c) and s. 14 (1) (a) (b) be amended to allow the public sale of any firearms disposed of under these regulations.

IV. Gun Shows Regulations

1. s. 9 (b) "...by a person who has reached the age of majority and holds a licence to possess firearms;" be replaced by "... by a person who holds a licence to possess firearms;"

As it is permitted by law to hold a licence before having reach the age of majority, we do not believe that there should be an additional restriction.

2. s. 11 We recommend that "...or if the holding of the gun show could endanger the safety of any person" be deleted.

This last part of s. 11 of the regulations is to subjective and would leave the possibility for the CFO to close a show at anytime he wants as there is always a possibility of danger.

V. Public Agents Firearms Regulations

1. We recommend that s.16 be amended to allow the public sale of any firearms disposed of under these regulations

VI. Firearms Businesses

1. We first would like to say that we agree with the principle of Recommendation No. 6 of the report. But we also believe we should take it a step further and recommend as well that some firearms businesses be exempted of the application of these Regulations.

We would then recommend, as an example, that SNC Industrial Technologies' concerns be answered and that all their recommendations contain in their brief be accepted.

Peter G. MacKay
M.P. for Pictou-Antigonish-Guysborough

Ottawa, December 9, 1997