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Justice committee  Thank you. My name is Sandro Giammaria and I am counsel with the criminal law policy section at the Department of Justice. To clarify, the clause referred to speaks about a particular component of a handgun, not the firearm itself. What we're talking about is the barrel of a h

February 12th, 2024Committee meeting

Sandro Giammaria

Public Safety committee  With respect to clause 47, it's transitional with respect to what's in the Firearms Act. Basically, if you have initiated that process in advance of the coming-into-force date, that process should continue in the sense that the new provision that comes into force while that proce

May 11th, 2023Committee meeting

Sandro Giammaria

May 11th, 2023Committee meeting

Sandro Giammaria

Public Safety committee  You'll see timing standards throughout the Criminal Code. The Criminal Code is largely administered by provinces and applied by courts, so my answer is yes.

May 11th, 2023Committee meeting

Sandro Giammaria

Public Safety committee  I don't think I can speak to the circumstances in which it would come about, but I want to clarify that this is the administrative revocation of a licence. It's not a mechanism of emergency intervention.

May 11th, 2023Committee meeting

Sandro Giammaria

Public Safety committee  I couldn't say which provides better protection. I can describe what they are in law, which is that they are evidentiary standards or standards of proof.

May 11th, 2023Committee meeting

Sandro Giammaria

Public Safety committee  “Determines” is a bit higher—I would say a fair bit higher—than “reasonable suspicion”. In fact, if it's helpful, I'll just quickly plot them on a range. Reasonable suspicion is the lowest; reasonable and probable grounds is slightly higher than that; and balance of probability

May 11th, 2023Committee meeting

Sandro Giammaria

Public Safety committee  Yes, it has been interpreted by the courts as meaning a balance of probability.

May 11th, 2023Committee meeting

Sandro Giammaria

Public Safety committee  On the second part of your question, I'm going to take direction from the chair. As I think the chair alluded to earlier, I can't really answer questions as to legal validity or viability in a challenge. However, I'd like to try to answer the first part of your question, so cou

May 11th, 2023Committee meeting

Sandro Giammaria

Public Safety committee  Thank you for the question. I think it's quite useful in terms of illustrating this difference. You're quite right that, in the context of a revocation of a licence, if that were to be, let's say, contested and eventually determined in a courtroom, the standard that would apply

May 11th, 2023Committee meeting

Sandro Giammaria

Public Safety committee  I can say that it would be consistent with other kinds of revocations that occur, be they for public safety-related reasons, irrespective of the type of victim, I suppose, or potential victim. That would be more consistent with what you see elsewhere in the Firearms Act.

May 11th, 2023Committee meeting

Sandro Giammaria

Public Safety committee  The commissioner of firearms is a statutory office that's created under the Firearms Act. That term is defined in the act. I'd refer the committee to section 2 of the Firearms Act, where there's a definition of what the commissioner is.

May 11th, 2023Committee meeting

Sandro Giammaria

Public Safety committee  There's one commissioner of firearms, and there are potentially many chief firearms officers of jurisdiction.

May 11th, 2023Committee meeting

Sandro Giammaria

Public Safety committee  In the circumstances you have just described, yes. You wouldn't be able to purchase a magazine. I would just like to point out that you wouldn't be able to use the firearm either, and that is already in the Firearms Act.

May 11th, 2023Committee meeting

Sandro Giammaria

Public Safety committee  Thank you for the question. Unfortunately, I can't provide a comprehensive list, but I can indicate that there are various forms of provincial legislation that include protection orders of various sorts. Those can include conditions that one not possess a firearm or any of, let'

May 11th, 2023Committee meeting

Sandro Giammaria