Alberta Says It’s Taking Jurisdiction on Firearms Offences Away From Ottawa

Alberta Justice Minister Tyler Shandro answers questions at a news conference in Calgary on Sept. 3, 2021. (The Canadian Press/Todd Korol)

EDMONTON—The government of Alberta says it’s taking back jurisdiction on the handling of gun-related charges from Ottawa.

Justice Minister Tyler Shandro wrote a letter to federal justice minister David Lametti on Dec. 15, advising the province would be exercising their “constitutional jurisdiction [to] protect firearms owners from an increasingly hostile federal government.”

“It’s a choice that we get to make. It’s not a negotiation with the federal government,” Shandro said of the decision at a news conference on Dec. 15. This has previously been handled entirely by federal government lawyers, but the government of Alberta says in a statement that provinces have the constitutional authority to handle Criminal Code matters, including charges related to the Firearms Act.

The province is saying that as of Jan.1, 2023, the Alberta Crown Prosecution Service will handle all charges involving the federal Firearms Act.

Alberta has additionally issued a protocol to the province’s Crown prosecutors for how to determine if charges should be laid, to “prevent otherwise law-abiding individuals from facing criminal charges and potential time in jail,” Shandro said.

The protocol states it will not serve the public interest to prosecute a charge of possession of a banned firearm if three factors are met: that the gun was lawfully obtained prior to May 1, 2020; if the firearm was reclassified as prohibited on May 1, 2020; if the accused has not been charged with any other offences related to the possession or use of that firearm.

“Albertans should not automatically be considered criminals because they own a firearm that was legally purchased and possessed,” Shandro said.

Gun Ban

In 2020, the federal government issued a ban on more than 1,500 models of previously legally purchased firearms. In October the government put a freeze on the transfer and importation of handguns, which effectively bans handgun ownership in the country. Then last month, the government tabled sweeping last-minute amendments to Bill C-21, which is currently being debated by a House of Commons Committee.

If passed, the bill will ban most semi-automatic shotguns and rifles—including many ordinary hunting shotguns and rifles purchased legally. The proposed amendments would also ban any gun that can hold a detachable magazine.

The bill and sweeping last-minute amendments have sparked an uproar from firearms owners and opposition parties, who say it targets hunters, farmers, ranchers, and sport shooters and involves thousands of popular, common makes and models of rifles and shotguns, most of which are unregistered and were legally purchased.

Shandro said the legislation “will criminalize hundreds of thousands of Canadians overnight—the majority of which reside in Western Canada.”

He added that Bill C-21 would not reduce gun crime. “They’re proposing to remove mandatory minimums for a variety of offenses including weapons trafficking. They are failing to do anything about the illegal smuggling of firearms across the border,” he said.

Justin Trudeau said in the House of Commons on Dec. 13 that Ottawa “will continue to consult with Canadians and all parliamentarians to ensure that we’re capturing the right weapons.”

Lametti told reporters today that the Firearms Act was federal jurisdiction. He said it would be “extraordinary” if provinces “made a unilateral decision not to enforce the law. That would not only offend the constitution but would also offend the rule of law,” Lametti said.

Federal Public Safety Minister Marco Mendicino also said he was “confident” that the Supreme Court has examined the question of federal jurisdiction over the regulation of firearms, at a scrum in Ottawa.

“It’s well settled law now. The question of how we create rules around gun regulation falls within the jurisdiction of the federal government,” said Mendicino.

Noé Chartier contributed to this report