Classification: Public A graphic designer will create your cover please request one through the links below: Communication staff: CPE Service Desk All other GoA staff: Alberta.ca/goadesign Title: Alberta’s Written Submission to the Senate of Canada Subtitle: Bill C-21

Alberta’s Written Submission to the Senate of Canada | Bill C-21 2 Classification: Public Required Alberta’s Written Submission to the Senate of Canada: Bill C-21 | Ministry of Justice © 2023 Government of Alberta | November 20, 2023 |

Alberta’s Written Submission to the Senate of Canada | Bill C-21 3 Classification: Public Contents Message from Alberta’s Chief Firearms Officer .................................................. 4 Executive

Summary ............................................................................................... 5 C-21 Analysis .......................................................................................................... 6 • Amendments to the Criminal Code of Canada 6 • Amendments to the Firearms Act 8 • Amendments to the Nuclear Safety and Control Act 11 • Amendments to the Immigration and Refugee Protection Act 11 • Other Amendments 11 Conclusion ............................................................................................................ 12

Alberta’s Written Submission to the Senate of Canada | Bill C-21 4 Classification: Public Message from Alberta’s Chief Firearms Officer Standing up for law-abiding firearms owners When I was appointed as Alberta’s chief firearms officer (CFO) in 2021, I was tasked with advocating for our province’s law- abiding firearms community and improving public safety. If I did not stand up against Bill C-21, I would not be delivering on either.

And to be frank, when it comes to improving public safety, C-21 does not deliver; instead, it positions law-abiding firearms owners as being the root cause of firearms violence, rather than criminals. In the last two years, I attended countless events and meetings with thousands of Albertans. The message that I am hearing is that confidence in Canada’s approach to regulating firearms has eroded, and in many cases, is now non-existent. I have no doubt that this trend amongst law-abiding firearms owners, brought on principally by firearms policies over the last several years, is not confined to Alberta.

As such, the measures in C-21 will continue to severely undermine certainty in our firearms control system at precisely the time when all our efforts should be focused on strengthening trust in our public institutions. C-21, combined with the order-in-council of May 2020, eroded the market that sustains mostly small, family-owned firearms businesses. Many have already been forced to close, particularly harming already fragile economies in rural regions. The Bill will also cut off the flow of new entrants to handgun target shooting sports, leading to declines in range membership.

This is putting the economic viability of many ranges at great risk, and if they go under, firearms owners who rely on them will be left without a safe place to shoot. Canadians should also be gravely concerned by the valuable and lawfully acquired property that is rendered effectively unsaleable. Already thousands of handguns are stuck in estates, prevented from finding willing buyers by the regulatory freeze on handgun transfers which C-21 will entrench.

Because the transfer freeze overwhelmed the transfer processing system in the months between its announcement and its implementation, many who wanted to sell their handguns as an estate planning measure were unable to do so. Finally, C-21’s “red flag” provisions are based on a false premise - that flaws in Canada’s procedures for removing firearms from public safety threats stems from a lack of power on the part of CFOs and law enforcement, rather than from a lack of resources available to enforce existing powers.

These provisions, when coupled with the ban on the issuing of handgun registration certificates, creates the situation that even when someone under a prohibition order is found to not be a public safety threat, they will be unable to recover their property. We respectfully suggest that the federal government works through real and sustained engagement with law-abiding firearms owners and CFOs, and amends C-21 so that it simultaneously respects law-abiding firearms owners and prioritizes public safety. The Senate can lead this essential transformation by thoroughly amending this Bill. Dr.

Teri Bryant Alberta’s Chief Firearms Officer

Alberta’s Written Submission to the Senate of Canada | Bill C-21 5 Classification: Public Executive

Summary Alberta’s Perspective on Bill C-21 Over the last several years, Alberta consistently opposed the federal government’s approach to firearms policy. Broadly stated, we have three main criticisms. First, the federal government continues to ignore evidence-based policy making in this critical issue area by entrenching the false premise that law-abiding firearms owners are responsible for increasing firearms violence, rather than criminals. Second, the federal government consistently failed to consult the firearms community in the development of its firearms policy.

This is facilitating an increase in distrust among law-abiding firearms owners, thereby decreasing trust in Canada’s firearms regulations by alienating individuals whose support is essential to enhancing public safety. Third, the federal government’s firearms policies demonstrate a disregard for provincial jurisdiction. This is most prominently seen through the firearms “buy-back,” which aims to mandate the use of scarce provincial law-enforcement resources to seize lawfully acquired property instead of providing greater resources to directly combat criminals.

C-21 unfortunately continues and intensifies all these trends. It ignores evidence-based policy making by proposing regulations and restrictions on law-abiding firearms owners that will not enhance public safety and will duplicate existing regulations, and by proposing a definition of a prohibited firearm reliant upon when it was designed and manufactured rather than technical specifications.

It undermines the trust of the firearms community in Canada’s firearms regulatory system by proposing that effectively eliminating lawful handgun ownership will stop criminals from using illegally manufactured, trafficked, and smuggled handguns, and by implementing ex parte court order applications that will make it easier for anyone to make claims that will permanently strip firearms owners of their lawfully acquired property.

It demonstrates a disregard for provincial jurisdiction by requiring that the aforementioned ex parte applications be heard by provincial courts already facing enormous resource constraints, and by removing decision-making capacity from provincial CFOs with greater understanding of and responsiveness to local conditions and giving it to the federal Firearms Commissioner.

The measures in this Bill that Alberta supports are those amendments that: increase maximum criminal sentencing for firearms offences, designate the federal Minister of Public Safety as responsible for combatting cross-border crimes, require a firearms licence to purchase firearm parts, and enhance information sharing with law-enforcement agencies in their fight against firearms crime.

While Alberta welcomes these sensible proposals, it hopes that the Senate will amend this Bill to remove or mitigate the multitude of unnecessary, ineffective, and harmful amendments that are noted in greater detail throughout this submission.

Alberta’s Written Submission to the Senate of Canada | Bill C-21 6 Classification: Public C-21 Analysis Alberta’s analysis of Bill C-21 is based on the most current version of the Bill, linked below, which passed Third Reading in the House of Commons in June 2023, and as of October 2023, is under review by the Senate Standing Committee on National Defence, Security and Veterans Affairs. Each major set of amendments in the Bill is bolded and is followed by a brief explanation of what the amendment does, and then by Alberta’s response. Government Bill (House of Commons) C-21 (44-1) - Third Reading -

An Act to amend certain Acts and to make certain consequential amendments (firearms) - Parliament of Canada Amendments to the Criminal Code of Canada Increasing maximum sentences for firearms offences Bill C-21 proposes to increase maximum penalties of imprisonment from 10 to 14 years for certain firearms offences like possession for purpose of weapons trafficking. Alberta supports these provisions as it supports reasonable increases in sentencing for violent crimes, including firearms offences. For these amendments to be effective however, they must actually be used in cases where it is appropriate.

Establishing a regime of “Emergency Prohibition Orders” which allow anyone to seek an ex parte court order to limit an individual’s access to firearms One of the key proposals in C-21 is the creation of “red flag” laws. According to the federal government, these red flag laws will allow for people who pose a threat to public safety to be identified and their firearms removed.

The most sweeping of these proposals is the implementation of “Emergency Prohibition Orders” (EPOs) that will allow for any Canadian to seek an ex parte court application, without notice to the firearm owner, prohibiting an individual’s access to firearms and related items captured under the regulations of the Firearms Act. These EPOs will be heard by provincial court judges, and allow judges to seal any information regarding the application to the subject of the EPO including the identity of the EPO applicant, authorize warrantless searches, and extend or cancel the duration of the order as they see appropriate.

These EPOs mirror the existing capabilities of expert public safety professionals in law enforcement and firearms regulation to seek court order prohibitions on individuals who pose a threat to public safety. Alberta has a multi-faceted perspective on C-21’s EPO amendments. First, Alberta fully supports victims and victims’ rights. This is why we implemented policies such as the Disclosure to Protect Against Domestic Violence (Clare’s Law) Act, which allows for people at risk of domestic violence to get information about their partners to make informed choices about their personal safety.

Similarly, Alberta is consulting with internal partners regarding how we can incorporate threat-assessment techniques so we can improve responsiveness and apply best practices in family violence investigations to better protect victims. Second, Alberta also fully supports and is making great strides towards improving capacity to revoke firearms licences and remove firearms from individuals who pose a threat to public safety.

The Government of Alberta stood up the Alberta Chief Firearms Office in September 2021 so that we could build a more responsive and better-funded firearms regulatory body in Alberta to better protect Albertans. However, it does not follow that the EPO proposals contained within C-21 will accomplish their stated intention of improving protections for victims and efforts to remove firearms from public safety threats. Furthermore, they may cause other deleterious impacts.

Currently, citizens can report public safety threats straight to law enforcement, provincial CFOs, or the federal Canadian Firearms Program, who can take action and seek court orders that will remove firearms from individuals where appropriate. The counterpoint that these EPOs are necessary in emergency situations is dubious when both the existing process and the proposed EPO process necessitate prohibition applications be heard by the courts to (rightfully so in a democratic society) protect Charter rights and due process for the subject of the prohibition order application.

To be frank, no process that relies upon the courts can reasonably be described as something that can be used in an emergency where seconds, rather than

Alberta’s Written Submission to the Senate of Canada | Bill C-21 7 Classification: Public minutes, count. In these situations, the most responsive public tool that victims have will always be law-enforcement and emergency-services personnel. The fact that it will be provincial judges and courts that will be responsible for sorting through EPO applications represents yet another federal policy decision that will have disproportionate impacts on the provinces. This is a policy decision that was made without the federal government consulting the provinces.

Finally, the implementation of EPOs will intersect with C-21’s proposal to ban the issuing of handgun registration certificates in a manner that should alarm all Canadians due to its impact on property rights. Handgun owners could find themselves unable to reclaim their property as they cannot receive a new handgun registration certificate, even if the EPO against them is ultimately unfounded. This represents an unacceptable infringement of basic property rights that will severely erode confidence amongst law-abiding firearms owners in Canada’s firearms regulatory regime.

As such, Alberta’s view is that the federal government should be providing more funding and resources to law enforcement, firearms regulators, and social programming that will address mental health initiatives and the root causes of domestic and familial violence.

Providing a new definition of a prohibited firearm C-21’s proposed definition of a prohibited firearm is as follows: “A firearm that is not a handgun and that discharges centre-fire ammunition in a semi-automatic manner, was originally designed with a detachable cartridge magazine with a capacity of six cartridges or more and is designed and manufactured on or after the day on which this paragraph comes into force.” Alberta is opposed to C-21’s proposed definition of a prohibited firearm as it is based on the false premise that prohibiting the purchase, possession, and transfer of certain models of firearms by licenced firearms owners is an effective means of combatting firearms crime and violence.

The fundamental flaw in this approach is that it only impacts individuals who are by definition already vetted by, and compliant with, the law. It makes no impact on criminals, who overwhelmingly rely on smuggled and illegally manufactured firearms (particularly handguns). Law-abiding firearms owners are aware of this, and as a result, these sorts of measures further alienate them, undermining trust in Canada’s firearms regulatory system and institutions.

This is an unfortunate diversion from developments in firearms policy that will positively impact public safety, such as this Bill’s efforts to combat trafficking and illegal manufacturing, and increased funding and resources for law enforcement and CFOs.

Create new offences for possessing and distributing computer data used in illegal manufacturing of firearms These amendments criminalize the possession and distribution of computer data that pertains to a firearm or a prohibited device that is capable of being used in a 3D printer or similar milling machine to unlawfully manufacture and/or traffic a firearm or prohibited device. Alberta fully supports these provisions so long as they are applied strictly to the illegal activities with proven criminal intent and are not used to target lawful activities such as gunsmithing.

Criminalizing the alteration of cartridge magazines and requiring a firearms licence to possess cartridge magazines These amendments will require that Canadians possess a firearms licence to lawfully purchase and possess cartridge magazines and criminalizes the alteration of a cartridge magazine without lawful excuse, such as to increase its cartridge capacity.

Alberta supports these clauses as a compromise that will give law enforcement more tools to charge traffickers and illegal manufacturers without severely impacting law-abiding firearms owners, who will already be licenced and therefore still capable of purchasing and possessing cartridge magazines. Including certain firearms offences as offences that law-enforcement can investigate via lawful surveillance C-21 will authorize law enforcement to engage in lawful surveillance (such as wiretapping) on individuals suspected of engaging in offences under

Section 92 (possession of a firearm knowing it is unauthorized) and

Section 95 (possession of a prohibited or restricted firearm with ammunition) of the Criminal Code of Canada.

Alberta’s Written Submission to the Senate of Canada | Bill C-21 8 Classification: Public Alberta supports this clause provided such surveillance is done in a limited and targeted manner that protects Canadians’ Charter rights, respects due process, and focuses on criminals engaged in illegal firearms manufacturing and trafficking. Authorizing certain federal employees and individuals as “public officers” These amendments expand the list of federal employees and others who are considered “public officers” under

Section 117.07 of the Criminal Code to include security personnel employed by the Bank of Canada and Royal Canadian Mint, pre-clearance officers, individuals acting for Canadian police forces, and individuals acting for the Canadian Armed Forces/visiting armed forces. This will allow for these individuals to be exempt from firearms regulations and laws that would otherwise impede their ability to perform their lawful duties. Alberta supports these clauses as common-sense exemptions for individuals for whom firearms form an essential part of their public duties.

However, Alberta would like to see other relevant exemptions where appropriate, such as expanding exemptions on the banning of handgun registration certificates for licenced law-abiding sports shooters. Adding certain “firearm part(s)” to offences and regulations regarding firearms C-21 will add “firearm part(s)” to the list of items that require a firearms licence to possess, use, transfer, import and export, as well as including “firearm part(s)” under certain criminal offences, prohibition orders, and conditional orders that govern conduct amongst accused offenders and released offenders.

Alberta supports this aspect of the Bill as an acceptable compromise that will minimally impact law-abiding firearms owners who are already licenced and therefore capable of purchasing and possessing firearm parts, as this will give law enforcement more tools to charge illegal manufacturers and traffickers of firearms.

Amendments to the Firearms Act Preventing individuals who are subject to a protection order or who have been convicted of certain domestic violence offences from holding a firearms licence These amendments change the scope for someone being ineligible to hold a firearms licence from them being under a court order that they are a present threat to public safety, to instead presently or potentially posing a threat to public safety.

Additionally, if an individual was convicted of an offence where violence was used, threatened, or attempted against an intimate partner or family member, they will be ineligible to hold a firearms licence. As stated, Alberta fundamentally respects and supports the rights of victims, and will continue to take measures to protect victims and remove firearms from public safety threats.

Therefore, Alberta would like to support the underlying premise of this clause that makes someone ineligible to hold a licence if convicted on certain domestic violence charges, but as currently written in C-21, these amendments are too open ended. Consequently, Alberta cannot support this amendment as written, as it would dramatically impede the capacity of provincial CFOs to make decisions on eligibility and creates an overly punitive new standard of ineligibility.

To be clear, Alberta’s issue with this particular clause is not the clause’s stated intent of removing firearms from public safety threats, it is with how the clause changes the wording of Paragraph 5(2)(

d) of the federal Firearms Act to read: (

d) is or was previously prohibited by an order — made in the interests of the safety and security of any person — from communicating with an identified person or from being at a specified place or within a specified distance of that place, and poses or could pose a threat or risk to the safety and security of any person; From what it previously read:

d) is or was previously prohibited by an order — made in the interests of the safety and security of any person — from communicating with an identified person or from being at a specified place or within a specified distance of that place, and presently poses a threat or risk to the safety and security of any person;

Alberta’s Written Submission to the Senate of Canada | Bill C-21 9 Classification: Public While individuals with definitive histories of family violence should be scrutinized carefully and likely will be unable to lawfully possess firearms, each applicant’s case is unique and requires thorough CFO investigation. Describing the standard of eligibility with the wording “could pose” is simply far too open to

interpretation. Transferring authority from CFOs to the Commissioner of Firearms regarding Authorizations to Carry for protection of life C-21 proposes to remove the capability of provincial CFOs to issue Authorizations to Carry (ATC), which allow for lawful carrying of handguns, for the purpose of protection of life. This power will instead be given solely to the federal Commissioner of Firearms. These sorts of ATCs are given only in exceptionally rare circumstances where an individual’s life is under active threat, and this threat cannot be removed even with law enforcement protection.

Alberta opposes this clause as it is a wholly unnecessary removal of authority from provincial CFOs, who by their very nature, are more aware of and responsive to local conditions and rapidly evolving threats to individuals than the Commissioner is. This proposal will create no identifiable positive impact on public safety and will impede the capacity of local decision makers, solely for the purposes of centralization.

The measure will also impede the efforts provincial CFOs are taking to streamline and improve the firearms regulatory process by creating a “one-stop” shop for firearms services, and with it, overall compliance and its benefits to public safety.

Legislating the federal government’s “handgun” freeze by banning the issuing of handgun registration certificates C-21 proposes to legislate the federal government’s 2022 “handgun freeze” regulation by removing the capability for firearms regulatory authorities to issue handgun registration certificates, and for individuals who already possess existing handgun registrations to lawfully transfer their handguns to other individuals.

The Bill proposes some exemptions for sports shooters, but these are limited to individuals who possess a valid ATC, are enrolled in a provincially or federally recognized handgun sport shooting Olympic or Paralympic training program, and who annually provide a letter to the CFO proving this enrollment. Alberta opposes this clause as it is overly broad with no positive impact on public safety. It targets law-abiding firearms owners and will do nothing to prevent criminals from accessing handguns. Furthermore, the clause will dramatically impact vast communities of sport shooters across Canada.

Additionally, the exempted individual standards are too narrow and overly punitive, and simply raise more questions regarding why the list of exemptions cannot be expanded further for other sport shooting disciplines. Imposing requirements on importing ammunition, cartridge magazines, and firearm parts, and mandating a valid registration to transport handguns from a port of entry These amendments will require that anyone importing the above items has a valid firearms licence, and in the case of handguns, registration certificate, to lawfully do so.

For non-residents who are travelling to Canada for purposes like lawful hunting or sport shooting, the 30-day firearms licence they can receive upon declaration at the border will suffice. These amendments also give customs officers the capacity to dispose of any of the above items should they determine that they were not been lawfully imported.

Alberta generally supports these clauses, as they provide a reasonable compromise in terms of giving law enforcement and regulatory authorities more tools to deal with smuggling and other unlawful trafficking of firearms without severely impacting law-abiding firearms owners. Requiring a CFO to suspend a licence if they suspect ineligibility C-21 will require CFOs to suspend a licence holder’s authorizations to use, acquire, or import firearms for a period of up to 30 days, if they suspect on reasonable grounds based on information from any person, that a licence holder is ineligible.

Alberta finds this clause redundant in intent as revocations for ineligibility are already standard operating procedure. Furthermore, Alberta is concerned with how the language in this clause will create potential liability for CFOs, based on how long it takes CFOs to respond to the information it receives suggesting ineligibility, and the CFO’s assessment of what is “reasonable grounds.”

Alberta’s Written Submission to the Senate of Canada | Bill C-21 10 Classification: Public As written, there are major concerns that this clause could invite litigation by individuals who feel the actions authorized by this clause were conducted improperly. Requiring the delivery and/or lawful disposal of firearms in cases of

Section 74 referrals These clauses in C-21 outline the procedures for delivering firearms and lawfully disposing of firearms in cases where an individual’s licence revocation or application refusal was referred to a provincial court as defined under

Section 74 of the federal Firearms Act. CFOs must inform the individual under revocation of their obligation to deliver their firearms and other items regulated under the Firearms Act as soon as possible. Individuals challenging their revocation or refusal in court must still relinquish their property as soon as possible while their case is processed by the courts. If a revocation or refusal is upheld by the courts, the property in question will be returned so the individual can lawfully dispose of it. Alberta supports this clause as its intent is common-sense.

Revoking an individual’s licence within 24 hours if there are reasonable grounds to suspect they engaged in domestic violence or stalking or if they are subject to a protection order These clauses propose that if a CFO is aware of allegations someone committed

an act of domestic violence or stalking, or if they become subject to a protection order, they must suspend the individual’s licence within 24 hours. As noted previously, Alberta supports victims and efforts to remove firearms from threats to public safety or perpetrators of familial violence. However, the 24-hour timeline requires re-examination, as it will impose unrealistic operational demands. Revocations should always be done as efficiently and as expediently as possible, but it is far too restrictive to expect that complex files can be processed and actioned within 24 hours.

Authorizing the issuance of a conditional licence for sustenance purposes This proposal under C-21 would allow for conditional firearm licences to be issued to individuals that would otherwise be ineligible to hold a firearm licence, so that they may engage in sustenance hunting. Alberta recognizes that Canadians use firearms for a wide range of purposes. Therefore, it supports exemptions and conditions where appropriate that allow for otherwise ineligible individuals to access firearms for the purposes of sustenance.

Alberta agrees that such permission must be given carefully to maintain public safety and ensure individual compliance with regulatory authority, but questions why this clause is necessary, given that conditions can already by placed on a licence, including for this very purpose.

Authorizing the disclosure of relevant information to law enforcement by the Commissioner of Firearms, CFOs or Registrar of Firearms in cases related to trafficking C-21 proposes that in cases where law enforcement is investigating suspected weapons trafficking, that CFOs, the Commissioner of Firearms, and the Registrar of Firearms must disclose relevant information to law enforcement.

This information includes individuals’ names, date of birth, addresses, firearms licence numbers, the list of restricted and prohibited firearms acquired by the individual, any relevant firearms registration certificate information, any relevant technical information relating to firearms the individual has a registration certificate for, whether any of these firearms have been stolen, and more.

Alberta supports greater capacity for information sharing among law enforcement bodies for the purposes of firearms regulation and criminal enforcement, provided it is directed towards criminal usage of firearms, and does so in a manner that respects Canadians’ Charter rights. Creating a requirement for an annual report regarding the administration of the federal Firearms Act This proposal will set out a requirement and timeline for an annual report to the federal Minister of Public Safety on the operation of the Firearms Act that will be made publicly available.

Alberta fully supports public reporting on firearms legislation and policy, particularly disclosures to law enforcement, as the availability of such data will allow for evidence-based policymaking on firearms regulation.

Alberta’s Written Submission to the Senate of Canada | Bill C-21 11 Classification: Public Creating an offence for a business to advertise a firearm in a manner that depicts or promotes violence These amendments introduced by C-21 will create an offence when a business, owner of a business, director, or officer of the business (if a corporation), or person who has a relationship with any of these individuals and a direct influence on the operations of the business advertises a firearm in a manner that depicts or promotes violence. Exemptions will be granted to law enforcement, the military, and entertainment.

Alberta does not support advertising firearms in a manner that depicts or promotes violence. However, there are concerns with these amendments as written, in particular, the last clause that includes individuals who have a “relationship with firearms business owners/executives and has a direct influence on the operations of the business.” As currently written, with no reference to a connection to the advertisements specifically, this clause is simply too wide- reaching, and could, for example, include spouses of business owners whose involvement with the business is limited to filing tax returns.

Amendments to the Nuclear Safety and Control Act Designating nuclear security officers as peace officers and permitting them to acquire, possess, transfer, and dispose of firearms, prohibited firearms and prohibited devices These amendments will allow for security officers at nuclear sites to have the powers of peace officers on site and in the course of their duties, and allow them to acquire, possess, use, transfer and dispose of firearms, prohibited firearms, and prohibited devices.

This will occur through a process of designation by the Nuclear Safety Commission and ensure that when a nuclear security officer designated as a peace officer transfers a firearm as a part of their duties, that the Registrar of Firearms is informed. Alberta generally supports these clauses/amendments, as they will not significantly impact on the rights or livelihoods of law- abiding firearms owners and are a set of common-sense amendments that will bolster security at nuclear sites, a matter of great public interest.

However, Alberta is curious how the specific text of the amendments could further centralize firearms regulatory authority in the Registrar of Firearms at the expense of provincial Chief Firearms Offices. Alberta is cautious of over-centralization of regulatory authority in this context, as it believes that local authorities are a more appropriate body to oversee firearms regulation, given their greater familiarity with local jurisdictions.

Amendments to the Immigration and Refugee Protection Act Designating the federal Minister of Public Safety as responsible for policies on transborder criminality C-21 proposes that the Minister of Public Safety will be responsible for policies that combat transborder crimes like smuggling, and that committing certain offences under

an Act of Parliament are grounds for inadmissibility to Canada for foreign nationals. As transborder smuggling is the most significant source of illegal firearms in Canada, Alberta fully supports efforts to streamline authority over transborder crime to the federal Minister of Public Safety and the enforcement of appropriate regulations. However, these appropriately targeted clauses raise the question of why C-21 consistently avoids tackling the actual root causes of firearms violence in Canada (such as the prevalence of illegally manufactured and/or smuggled firearms) in favour of ineffective prohibitions on law-abiding firearms owners. Other Amendments Amendments to

an Act to Amend Certain Acts and Regulations in Relation to Firearms These clauses co-ordinate previous amendments introduced under the above Act that had no fixed date for their coming-into- force. In essence, they set out

definitions for firearms regulatory terms like “non-restricted,” and appear to also provide some grandfathering exemptions for firearms owners impacted by the 2020 order-in-council that banned many models of firearms, and the 2021 “freeze” on handgun sales and transfers. Depending on which amendments come into force first, the federal government can pass further orders-in-council, effectively grandfathering the impacted firearms.

Alberta’s Written Submission to the Senate of Canada | Bill C-21 12 Classification: Public As a result, Alberta supports these clauses, as it opposes the arbitrary expansion of firearms prohibitions in general. However, Alberta would support a more explicit grandfathering of these particular firearms, and a general re-examination by the federal government of the false premise that restricting models of firearms available to law-abiding firearms owners creates a direct and net-positive impact on public safety.

Other Amendments in C-21 The rest of C-21 is of lesser concern to Alberta, and largely deals with administrative issues regarding when aspects of the Bill come into force, or follow on from earlier clauses, such as those from the Immigration and Refugee Protection Act that deal with transborder criminality, or amendments to the Criminal Code that increase criminal sentencing. As such, Alberta generally supports the rest of the Bill’s amendments.

Alberta would however, like to raise some concerns that were identified in its internal review of the Bill’s non-derogation clauses concerning the rights of Indigenous peoples. It states: Rights of Indigenous peoples 72.1

(1) The provisions enacted by this Act are to be construed as upholding the rights of Indigenous peoples recognized and affirmed by

section 35 of the Constitution Act, 1982, and not as abrogating or derogating from them. Definition of Indigenous peoples

(2) In subsection (1), Indigenous peoples has the meaning assigned by the definition aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982. Alberta fully supports Indigenous communities in their lawful usage of firearms for purposes of sustenance, sport, and connection with traditional cultural practices. Alberta also views Indigenous communities and individuals as essential partners in promoting public safety. However, Alberta is concerned that these non-derogation clauses, as written, could unintentionally result in an

interpretation of the Bill that results in Indigenous rights superseding firearms regulatory measures and efforts to enhance public safety. As written, this clause could result in legal arguments that the Firearms Act no longer applies to Indigenous peoples, particularly as the clause is included in the

section governing refusals to provide a licence or to revoke licences (Section 72.1). This proposed wording may have repercussions regarding provinces’ ability to prosecute Indigenous individuals for not abiding by firearms safety regulations, and to defend decisions by CFOs to refuse or revoke licences. Alberta is seeking confirmation from the federal government that the wording in this proposed clause is not intended to result in Indigenous rights superseding public safety. Alberta will continue to work in direct partnership with Indigenous communities to advance public safety.

Conclusion To summarize, Alberta’s principal view on Bill C-21 is that it is overly focused on policies that will do little to improve public safety, and create unnecessary, ineffective, and arbitrary impacts on law-abiding firearms owners. From the start, the federal government failed to consult key stakeholders in the firearms community, including hunters, sport shooters, provinces, and Indigenous groups. This failure has resulted in numerous flawed clauses. There are some positive aspects of Bill C-21 that tackle firearms crime without substantively impacting the rights of law-abiding firearms owners.

For example, Alberta supports reforms to the Criminal Code and the federal Firearms Act that will give law-enforcement new tools to target criminal manufacturing and trafficking of firearms, provided that these tools are used for this specific purpose. Alberta also supports amendments to the Nuclear Safety and Control Act that will improve security at nuclear sites, and amendments to the Immigration and Refugee Protection Act that designate the federal Minister of Public Safety as being responsible for efforts to combat trans-border crimes.

Alberta calls upon the federal government to amend and streamline Bill C-21 to focus only on the clauses that will target the roots of firearms crime and violence, rather than scapegoat law-abiding firearms owners and intruding upon provincial jurisdiction.