Another problem is the increased use by the RCMP of what is known as the R. v. Hasselwander case. This is where a judge ruled that, if a firearm could be readily and easily converted to discharge shots in rapid succession with a single pressure of the trigger in a relatively short period of time and with relative ease, it is in fact prohibited. This is a very general statement, and key areas are not defined like “readily and easily”, “relatively short period of time”, and “relative ease”. All of this is open to interpretation. In the original court case, an experienced Ontario Provincial Police armourer used a file to modify a semi-automatic Thompson submachine gun back to fully automatic in less than 15 minutes.
The RCMP are using this judgment in order to classify many firearms as prohibited, despite needing major machining, design, and the manufacturing of missing parts. In a recent conversation with Mr. William Etter, the chief firearms technologist, he said that they sourced missing parts from their own stores and that this was not counted in the decision. These parts are not commercially available to civilian firearms owners.
With advanced technical knowledge and tools, it is theoretically possible, although illegal, to alter firearms so that they are capable of being fully automatic. However, it is certainly beyond the capabilities of most ordinary hunters and sport shooters. That is why we feel it is so important to have clear definitions in this area.
There must be the ability to appeal firearm classification decisions to a review board of subject matter experts, including industry and legal experts, engineers, and designers, as we require a decision based on mechanics and law, not personal opinion. If we continue to allow the RCMP SFSS to dictate FRT classification based on their opinion of what the intent of the law is and their interpretation of court decisions, there must be an appeal process in place before it is assumed to be law.
In summary, our understanding of Bill C-71 is that the RCMP will be given the authority to classify firearms with no appeal process and without government interference. The RCMP SFSS has made errors in the past, and there is no reason to believe that this will change.
Clear, accurately defined definitions of the criteria used to classify firearms need to be established. This area is too important to be left to personal interpretations and opinions. There's a need to establish an appeal process for firearm classifications to an independent board of subject matter experts. This would be, in effect, an impartial technical committee. Reasonable time limits for the classification of firearms and appeals need to be established with compensation paid if these times are not met.
With that, I'd like to thank you for this opportunity to speak this afternoon.