Good afternoon, and thank you, Mr. Chair and members of the committee. Thank you for inviting me to speak to you on this very important topic of the long-gun registry and gun crimes in Canada.
There has been a requirement to register hand guns and other restricted firearms in Canada since the 1930s. It is vitally important to maintain criminal sanctions for the illegal possession of restricted and prohibited weapons, but in my opinion, the registry only marginally addresses the broader issues of gun crime and violence in Canada. Canada requires a comprehensive gun strategy. There are parts of the current gun registry that are positive, but it goes too far. I believe that is why there is so much resistance to it. While the registry may be a useful investigative tool, it falls short of making the type of positive impact this country needs to be safer.
I can speak only for the Calgary area when I say that gun crime is steadily on the increase. We are also seizing a growing number of heavier weapons, including assault rifles. For me, it comes down to the risk versus the consequences of possessing or using a gun during the commission of an offence. Right now, in my opinion, and from personal observations, it appears to be worth the risk for criminals. The guns in the hands of criminals aren't registered. They don't care. They're probably stolen. They're probably obtained illegally, and in many cases, they are at least restricted and are occasionally prohibited.
Let's start dealing with the criminal activity of those who possess and use guns in the commission of offences, and let's make the consequences far outweigh the risk.
On April 29, 2010, at the Alberta Association of Chiefs of Police spring conference, a resolution was passed regarding the firearms registry. As the group that represents the law enforcement community in Alberta, we asked the Government of Canada to develop a comprehensive gun strategy that considers the following points.
First is sentencing. The use of a firearm in any offence is serious and requires significant sentencing. It should reflect the gravity of the crime and should be sufficient to deter future offences.
On November 16, 2008, two warring gangs had a shootout in the middle of downtown Calgary. While in their vehicles, the gang members began shooting at each other. Four men in one of the vehicles suffered gunshot wounds. One of the gang members in the other vehicle was struck in the face by a bullet. In total, at least 19 rounds were fired, with some of the bullets piercing neighbouring businesses. After a lengthy investigation, which took up a tremendous amount of resources, arrests were made, and the guns, none of which were registered and none of which belonged to licensed gun owners, were seized.
On April 9, 2010, at the Court of Queen's Bench, all four accused pleaded guilty to the lesser offences of discharging a firearm with intent to endanger life and various other firearms-related charges. They were sentenced to between four and a half years and six years and were given lifetime firearms prohibitions. After consideration for pretrial custody and mandatory release, these sentences are insignificant, considering public safety and the fact that people's lives were literally put at risk.
In September 2008, a Brazilian exchange student, Jose Neto, was shot in the head as he walked in downtown Calgary with his girlfriend. He survived but was blinded in both eyes. The man charged in this case pleaded guilty to five charges, including two counts of discharging a firearm with intent to wound or endanger life and one count of aggravated assault. The crown is seeking to have him declared a dangerous offender in a hearing that begins May 10. It should be noted that 10 years earlier, the same offender was sentenced to ten and a half years in prison for shooting a jewellery store owner in the neck and firing at two Calgary police officers during a botched robbery. His sentence included a firearms prohibition, which was due to expire in 2014.
In yet another example, on New Year's Day, 2009, an innocent bystander, Keni Su'a, was gunned down while attempting to run away from a gang-related shooting inside a Calgary restaurant. Unknown to Mr. Su'a, he was sitting close to two gang members, a decision that would prove fatal. Two gang members inside the eatery were also executed. Following a year-long investigation, four men were charged with three counts each of first degree murder. They are currently awaiting trial. Again, none of the weapons were registered; nobody was licensed.
The Criminal Code of Canada already has significant sentencing conditions built into the firearms section. What we need is to apply those sentences and prohibitions to a level that addresses them as deterrents.
The second issue is search and seizure. We ask that you streamline and rationalize the search and seizure powers of police officers in relation to firearms-related offences and use of firearms for the purpose of criminal activity. Recent court cases have made it increasingly difficult for front-line officers to do their jobs and take illegal guns off the street. For reference, I would ask that you look at Regina v. Mann and Regina v. Grant.
The third issue is point-of-entry registration. More than one-third of all crime guns recovered in Canada are linked to U.S. and Canadian firearms dealers. As it stands now, these firearms would only be registered at point of sale; however, we know that a number of weapons used in the commission of crimes, including crimes in the Calgary area, were obtained illegally prior to legitimate sale and registration.
In May 2009, more than 50 weapons were discovered missing from a wholesale sporting goods shop in Calgary. The vast majority of these guns remain unaccounted for. The firearms were shipped to the store and, unknown to management, sold under the table by staff to criminals, including gang members. They were unregistered weapons as they were yet to be sold in the store, and they have remained unaccounted for, for quite some time. As part of a broader firearms strategy, registration of all firearms should begin at the point of entry into Canada or at the point of production, not at the point of sale, as is presently the case.
Last is decriminalization. Simple ownership of unregistered sporting weapons, including rifles and shotguns, should not be a criminal offence. This is just a matter of respect. We're turning honest, law-abiding citizens of this country into criminals. As evidenced in Calgary over the past eight years, of the 877 firearms used in violent offences and subsequently seized by police officers, 88% were handguns. In Calgary, a large portion--more than 70%, in our case--of crime handguns seized by officers had been smuggled into Canada. Also, according to Juristat, over the past 30 years the use of handguns to commit homicide has generally been increasing, while the use of rifles or shotguns has generally declined.
No reasonable person would argue against firearms licensing. Most gun owners are just as anxious to hold irresponsible gun owners accountable. Responsible gun owners recognize that it is a privilege to possess firearms, and they should only go to citizens who would use them in a lawful manner. We still want to encourage registration, but this can be done through new regulatory and non-criminal penalties--for example, penalty, ticket, and fine--administered through individual provinces. To further encourage people to register, the process should also be streamlined and simplified.
In closing, I will say that no direct links have been made between the existing gun registry and the behaviour of criminals--true criminals. My colleagues and I ask that the Government of Canada conduct a thorough review of the gun registry. We urge a more practical solution that addresses the realities of policing and firearms-related crimes being committed in our country.
Thank you.