Backgrounder

Criminal Code Amendments to Combat Gun and Gang-Related Crime in Canada

While Canada has some of the toughest gun crime laws in the world, and firearms crimes – next to murder – have penalties that are among the harshest in the entire Criminal Code, enhancements are needed.

The Government of Canada has introduced legislation as part of a multi-faceted strategy to combat gun violence. The proposed legislative reforms, which are supported by and were developed in consultation with the provinces and territories, would:

• Double the mandatory minimum penalty to two years for the following offences :
• Trafficking in firearms and possession for purpose of trafficking ;
• Firearms smuggling ; and
• Illegal possession of loaded handgunsin public places.

• Create two new offences :
• Break and enter with the intent to steal or where a firearm is stolen, a serious offence that would be prosecuted by indictment only and would carry a maximum penalty of life imprisonment; and
• Robbery with intent to steal or where a firearm is stolen – an indictable-only offence, given its similar threat to public safety. It would also carry a maximum penalty of life imprisonment.

The proposed reforms would also expand the use of firearm prohibition orders:

• Lifetime weapons prohibition orders would be extended to all classes of firearms for those convicted of serious violent offences, including manslaughter, sexual assault and robbery, among others, when committed with a firearm;
• Domestic violence considerations, so that sentencing judges must give particular consideration to whether a firearms prohibition is necessary in the interests of safety; and
• A mandatory condition that mentally disordered accused do not possess firearms, to prevent those found unfit to stand trial or not criminally responsible on account of a mental disorder from possessing firearms and other specified weapons.

As well, the legislation would presumptively restrict parole eligibility until one-half of the sentence has been served, as opposed to the normal one-third, for those offenders who used a firearm to commit attempted murder, sexual assault with a weapon, aggravated sexual assault, kidnapping or hostage-taking. Protection for witnesses in firearms cases would also be improved, providing that they could testify behind a screen or closed-circuit television, and a publication ban provision would help safeguard their identity.

The Government of Canada has proposed measures that are strong enough to respond to serious crime, while preserving an appropriate level of flexibility to respond to the full range of offences and offenders in the criminal justice system.

The Government is committed to working on an ongoing basis with the provinces and territories and other partners to ensure our laws remain responsive to the challenges posed by gun violence. This package of reforms would enhance existing laws to address gun crimes. Currently under the Criminal Code, there are approximately 20 mandatory minimum penalties that apply to a full array of serious firearm offences. They range from one year to four years, and ten of the penalties carry four-year minimum penalties. To learn more about the strengths of Canada 's existing laws to combat the illegal use of firearms, visit: http://canada.justice.gc.ca/en/news/fs/2005/doc_31624.html

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Department of Justice
November 2005