Tuesday, January 30, 2024

Statistics Canada Report on Firearms and Violent Crime

A new Statistics Canada article in the publication Juristat looks at the prevalence of firearm-related violent crime in Canada

Recent trends in firearm-related violent crime are presented at the national, provincial/territorial and census metropolitan area levels as well as for urban and rural regions:

"Firearm-related violent crime represents a small proportion of crimes in Canada, among both police-reported crime and crimes reported by Canadians in victimization surveys. However, firearm-related violent crimes represent a larger share of the most serious crimes—such as homicide, attempted murder, robbery and aggravated assault—and gang-related crime."

"Firearm-related violent crime can have major detrimental impacts on the affected persons and communities. These of course include the physical injuries, often more serious or lethal compared to crimes committed with other types of weapons. Exposure to firearm-related violence is also known to impact mental health (...) These physical injuries and the impacts on mental health can result in significant costs for the healthcare system. In addition, firearm-related crime can adversely affect the perception of crime and safety, particularly because of the extensive media coverage that these incidents sometimes receive. Further, it has been established that an increase in or high level of firearm-related crime can have a negative impact on a community’s economy and well-being (...)"

"As a result, firearm-related violent crime remains a major concern in terms of public safety and justice, and the challenges associated with gun control regularly fuel public debate. Over the past few years, various legislative changes, funding mechanisms, and programs aimed at reducing and preventing this type of crime have been proposed or implemented (...)"

"Using data from the Uniform Crime Reporting Survey and the Homicide Survey, this Juristat article examines the latest trends in firearm-related violent crime, as well as certain characteristics of these incidents, the victims and the accused persons."

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Tuesday, June 07, 2022

Statistics Canada Report on Trends in Firearm-related Violent Crime in Canada

Statistics Canada recently published an article in Juristat entitled Trends in firearm-related violent crime in Canada, 2009 to 2020.

It offers a detailed examination of police-reported firearm-related violent crime in Canada, drawing on data from the Uniform Crime Reporting (UCR) Survey and the Homicide Survey. It also includes differences in firearm-related violent crime in urban areas compared with southern and northern rural regions of Canada.

Among the highlights:

  • Firearm-related violent crime represents a small proportion of police-reported violent crime in Canada, accounting for 2.8% of all victims of violent crime reported by police in 2020.
  • In 2020, the first year of the COVID-19 pandemic, there were 8,344 victims of police-reported violent crime where a firearm was present during the commission of the offence, or a rate of 29 per 100,000 population. This rate was unchanged compared to 2019. This was not the case in all jurisdictions, however, as rates of firearm-related violent crime increased in some areas and decreased in others.
  • Between 2019 and 2020, notable increases in rates of firearm-related violent crime were reported in southern rural British Columbia (+34%), the northern rural part of Ontario (+32%), rural Alberta (+32% in the North and +31% in the South), the Northwest Territories (+23%) and Nova Scotia (+22%).
  • Between 2009 and 2013 the rate of victims of firearm-related violent crime in Canada decreased, which aligned with violent crime trends overall. However, rates of victims of firearm-related violent crime started an upward climb in 2014, with the largest documented increase between 2014 and 2015. 
  • This article examines firearm-related violent crime in the two six-year periods before and after the notable increase in 2015 (between 2009 to 2014 and 2015 to 2020) and shows that the increase occurred in most jurisdictions in Canada.
  • Much of the increase in the rate of firearm-related crime between the two six-year periods was the result of a significant increase in the rate of firearm-specific violent offences of discharging a firearm with intent, pointing a firearm, and use of a firearm in an indictable offence.
  • Rates of firearm-related violent crime were higher in rural areas than in urban centres in most provinces, and were notably high in northern rural regions. However, firearm-related crime generally accounted for a higher proportion of violent crime in urban areas. As such, people living in some rural areas may be more at risk of firearm crime, but violent crime that occurs in urban areas is generally more likely to involve a firearm. 
  • In 2020, more than six in ten (63%) of the firearm-related violent crime in urban areas involved handguns. In rural areas, the firearm present was most commonly a rifle or shotgun: 46% in the rural South and 39% in the rural North.
  • The accused in firearm-related violent crimes was most frequently a stranger to the victim in 2020 (for 55% of male victims and 41% of female victims). This was driven, however, by firearm-related violent crime in urban areas.
  • Overall, one in four (25%) female victims of firearm-related violent crime was victimized by a current or former spouse or other intimate partner. In contrast, 2.2% of male victims of firearm-related violent crime in 2020 were similarly victims of intimate partner violence. Instead, among victims, a higher proportion of males were victimized by a stranger, friend or casual acquaintance (83% versus 64% of females).
  • The majority of incidents involving a victim of firearm-related violent crime were solved (with at least one accused identified in the incident), with those in the rural North (83% in 2020) and rural South (72%) more often solved than those in urban areas (54%).

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Monday, February 18, 2019

Recent Library of Parliament Legislative Summaries

There are quite a few new Library of Parliament legislative summaries for some of the federal bills of the current session.

The summaries contain background and analysis of bills in front of the House of Commons and the Senate.

It is possible to follow the progress of all bills in Parliament on the LEGISinfo website.

Among the recent summaries are:
  • Legislative Summary of Bill C‑75: An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts: "This bill is intended to make the criminal justice system more modern and efficient and to reduce delays in criminal proceedings. The proposed amendments are in response to the Supreme Court of Canada rulings in R. v. Jordan and R. v. Cody, and to the final report of the Standing Senate Committee on Legal and Constitutional Affairs, Delaying Justice is Denying Justice: An Urgent Need to Address Lengthy Court Delays in Canada."
  • Legislative Summary of Bill C-71: An Act to amend certain Acts and Regulations in relation to firearms: "Bill C‑71 received second reading and was referred to the House of Commons Standing Committee on Public Safety and National Security (SECU) on 28 March 2018. SECU reported the bill with amendments on 12 June 2018 and the House of Commons concurred in that report on 20 June 2018. The bill received third reading in that Chamber on 24 September 2018 and was introduced in the Senate on 25 September 2018. The bill was read a second time and referred to the Standing Senate Committee on National Security and Defence on 11 December 2018. SECU amended the bill to, among other things, clarify for greater certainty that nothing in the Act shall be construed so as to permit or require the registration of non‑restricted firearms (new section 2(4) of the Firearms Act); prescribe new factors to be considered by the judge or the chief firearms officer (CFO) when determining an applicant’s eligibility to hold a firearms licence (amended section 5(2)(c) and new sections 5(2)(d) to 5(2)(f) of the Firearms Act); and specify that the terms “threatened violence” and “threatening conduct” include threats or conduct communicated to a person by means of the Internet or other digital network when determining an applicant’s eligibility to hold a firearms licence (new section 5(2.1) of the Firearms Act)."
  • Legislative Summary of Bill C-81: An Act to ensure a barrier-free Canada: "As indicated by its short title, the bill enacts the Accessible Canada Act, with the stated objective of enhancing the 'full and equal' participation of all Canadians (especially persons with disabilities) in society, through the identification, removal and prevention of barriers in areas under federal jurisdiction."
  • Legislative Summary of Bill C-51: An Act to amend the Criminal Code and the Department of Justice Act and to make consequential amendments to another Act: "First, the bill amends the Criminal Code (Code) to modify or repeal provisions that have been ruled unconstitutional by the courts or that raise risks of being contrary to the provisions of the Canadian Charter of Rights and Freedoms (Charter). It also amends or repeals Code provisions that could be considered obsolete and/or redundant. Second, Bill C‑51 amends provisions in the Code relating to sexual offences. In particular, it sets out a procedure for determining the admissibility and use of the complainant’s records when they are in the possession of the accused. Finally, Bill C‑51 amends the Department of Justice Act to require that the Minister of Justice table a statement of a bill’s potential effects on the rights and freedoms guaranteed by the Charter for every government bill introduced in either House of Parliament."
  • Legislative Summary of Bill C-84: An Act to amend the Criminal Code (bestiality and animal fighting):"Bill C‑84 amends the Criminal Code to define 'bestiality.' Although section 160 of the Criminal Code criminalizes bestiality, it does not include any definition of the term. The Supreme Court of Canada considered which acts are prohibited by this offence in its R. v. D.L.W. decision in 2016. The Court determined that the term 'bestiality' has a 'well‑established legal meaning and refers to sexual intercourse between a human and an animal' and stated that sexual penetration 'has always been understood to be an essential element' of the term. The court noted that it was not its role to expand upon this accepted meaning, but rather that it would be up to Parliament to 'broaden the scope of liability' for the offence by introducing an express provision in the Criminal Code."
  • Legislative Summary of Bill C-87: An Act respecting the reduction of poverty: "The bill enacts the Poverty Reduction Act (the Act), which provides targets for poverty reduction to be achieved by 2020 and by 2030, sets out Canada’s Official Poverty Line and other metrics to measure poverty, and establishes the National Advisory Council on Poverty."

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Thursday, December 17, 2015

English Law Commission Report on Firearms Control

The English Law Commission has issued its final report on the modernization of the British law regulating the possession and acquisition of firearms.

According to the press release:
"The existing law is confused, unclear and difficult to apply. There are over 30 pieces of overlapping legislation, some of the key terminology – such as 'lethal', 'component part' and 'antique' – is not clearly defined, and the law has fallen out of step with developments in technology (...)"

"Following extensive public consultation with police and prosecutors, in addition to groups representing the licensed firearms community, the Commission makes three recommendations in its report to clarify definitions:
  • There should be single, simple test to determine whether a weapon is lethal, based upon the kinetic energy at which it discharges a projectile.
  • What constitutes a 'component part' of a firearm should be set out in a statutory list and the Secretary of State be given the power to update the list.
  • Whether a firearm is antique should be determined by whether it uses an obsolete cartridge type or firing mechanism contained on an statutory list. Only those old firearms that no longer pose a realistic danger to the public should be on the list."

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Wednesday, July 22, 2015

English Law Commission Consultation on Firearms

The Law Commission of England has published a Scoping Consultation Paper on Firearms Law as part of a project to examine the law governing the acquisition, ownership and use of firearms.

As the web page for the project explains:
"The law regulating the use and acquisition of firearms is contained primarily within the Firearms Act 1968. Further provisions, however, are to be found in an additional 33 Acts of Parliament. In total therefore, to understand fully the law on firearms it is necessary to have regard to 34 Acts of Parliament. In addition to these, the law is to be found in numerous pieces of secondary legislation."

"Early fact finding with stakeholders suggested there was consensus on those problems that cause the most difficulties in practice. In this scoping consultation paper, the Law Commission sets out these problems and makes some provisional proposals as to how they could be remedied. By providing immediate solutions to these pressing problems, the aim is to maximise public safety whilst also providing clarity and certainty for members of the licensed firearms community."

"From discussions with stakeholders, it also became clear that there are more fundamental problems with the law. These problems are attributable to the fact the law has become increasing complex, inaccessible and in some instances incoherent. Given that the Firearms Act 1968 was a consolidating Act, many of its provisions have their origin in older legislative provisions, such as the Pistols Act 1903. It is questionable whether these remain fit for purpose in the 21st century."

"It is for these reasons the Law Commission has also examined in this scoping consultation paper whether more comprehensive reform of the law is necessary. We conclude that the law is problematic and could be improved. The consultation paper gives some examples of problems stakeholders have brought to our attention which we believe could be remedied by codifying the law."
The consultation period ends September 21, 2015.

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Tuesday, March 10, 2015

English Law Commission Launches Project to Reform Firearms Offences

The Law Commission of England has launched a project to reform firearms offences with a view to clarifying and simplifying the law and making it easier to understand and use.

Current legislation is complex and unclear, with some 30 overlapping and inconsistent provisions:
"For example, no definitions are given for key terms such as 'antique', 'imitation', 'lethal' and even 'weapon'. There is considerable overlap between offences, making it difficult to establish clearly which charges apply in an individual case. The law has also failed to keep abreast with modern technology, and in particular with the availability of equipment that can be used to convert objects into active firearms."

"The implications are serious and wide-ranging. Experts are taking longer to classify weapons, prosecutors are struggling to select appropriate charges and there are many examples of defendants escaping prosecution on a technicality by successfully arguing that the weapon in their possession has been wrongly identified."
The Commission will hold a three-month consultation in summer 2015, supported by a scoping consultation paper and a conference for stakeholders. It expects to publish our final scoping report in spring 2016.

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Wednesday, October 08, 2014

Law Library of Congress Report on Police Weapons Around the World

The Law Library of Congress in Washington, D.C. has published a new comparative report on the Police Weapons Around the World:
"This report examines the weapons and equipment generally at the disposal of law enforcement officers in several countries around the world. It also provides, for each of these countries, a brief overview of the rules governing the use of weapons by law enforcement officers. Precise and reliable information on the weapons and equipment of some countries’ police forces was often difficult to find. "
The document looks at the situation in Argentina, Australia, Brazil, Canada, China, Estonia, France, Greece, Israel, Italy, Mexico, the Netherlands, New Zealand, Portugal, the Russian Federation, South Africa, Spain, the United Kingdom.

The Law Library of Congress is the world’s largest law library, with a collection of over 2.65 million volumes from all ages of history and virtually every jurisdiction in the world.

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Wednesday, April 23, 2014

Statistics Canada Article on Firearms and Violent Crime

The Statistics Canada publication Juristat has published a new article on Firearms and violent crime in Canada, 2012:
"There were approximately 5,600 victims of firearm-related violent crime in 2012, accounting for 2% of all victims of violent crime. The rate of firearm-related violent crime has decreased 27% since 2009, reaching 21 per 100,000 population in 2012. In 2012, most (57%) victims of firearm-related violent crime were involved in an incident that was handgun-related. "

"Rates of firearm-related violent crime differ across the provinces and territories, with Saskatchewan and Manitoba having the highest rates among the provinces, similar to violent crime in general. Rates of handgun violence are highest in CMAs [census metropolitan areas], while rates of rifle or shotgun violent crime are higher in non-CMA areas. "

"There were 172 victims of firearm-related homicide in 2012, 14 more than the previous year. When compared to non-firearm homicide, firearm-related homicide is more likely to be related to gang or organized crime activity and less likely to be cleared by police." [from the summary]

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Tuesday, July 30, 2013

Recent Justice Canada Research Reports

The most recent issue of the Weekly Checklist of Canadian Government Publications lists a series of research reports released by Justice Canada in recent months:
  • Health Impacts of Violent Victimization on Women and their Children: "There is growing evidence of the strong links between violence against women and children and significant physical and mental health impairment, and risky health behaviours. These are prevalent among children, youth and adults victimized during childhood and/or adulthood. Certain groups, for example Canada’s Aboriginal women, are at increased risk of more, and more severe, violence, and potentially more significant health impacts. While physical injuries and death form an important sub-set of the health impacts of violence, the more prevalent consequences are longer-term mental health problems, which in turn contribute to health risks as well as increasing the likelihood of being a violent offender or being re-victimized at a later point in time. As well, newer research points to the longer term chronic diseases associated with violent victimization."
  • Gladue Practices in the Provinces and Territories: "This study is intended to provide a status report on pol icies and p ractices in the provinces and territories that reflect the principles set out in the Supreme Court decision in R. v. Gladue regarding (1) specialized courts for Aboriginal accused; (2) training and awareness activities for judges, probation officers, courtworkers and duty counsel; (3) procedures for sentencing, bail and parole hearings when a case involves an Aboriginal offender; and (4) community justice programs and resources for Aboriginal offenders (...) Overall, initiatives and programs that comply with the Gladue decision were identified in all the jurisdictions that took part in the study. Specialized courts for Aboriginal persons seem to be one of the most exemplary initiatives in terms of applying the Gladue decision . In total, 19 specialized courts (whether or not they deal exclusively with cases involving Aboriginal persons) were listed in eight jurisdictions. Gladue training and awareness activities for justice system officials, including judges, are provided in roughly half of the participating jurisdictions. However, one of the participants questioned the quality of the training. Most jurisdictions stated that bail and parole decision - making processes involving Aboriginal persons are informed by Gladue type information. Community justice programs appear to exist in the majority of jurisdictions. However, one of the participants observed that inadequate information sharing, coordination, integration and communication between the various stakeholders in the justice system and the persons in charge of community justice and health programs (e.g. substance abuse and mental health treatments) may prove to be a significant obstacle to the effectiveness of these programs. Another participant pointed that the need for more effective information sharing must also be balanced with privacy and confidentiality considerations. In addition, establishing partnerships between non - governmental organizations (NGOs) and the justice system seems to be an approach that a number of jurisdictions have adopted to jointly identify solutions to the situation experienced by Aboriginal persons in the justice system. Last, legal aid programs may also play an important role in applying Gladue principles as shown by certain exemplary practices established by Legal Aid Ontario."
  • The Path to Justice in a Court-Based Drug treatment court program: "Research has shown that people who graduate from drug treatment court program s are less likely to re-offend. However, the proportion of participants in drug treatment court programs who graduate is typically low. Only about 10% of all participants graduate from the Ottawa drug treatment court program which was the subject of this study. Clearly, the low success rate diminishes the potential impact of drug treatment court programs. Therefore, an important policy issue is why some people graduate from the program while others do not. Any measures that could increase the number of people who graduate would improve the effectiveness of drug treatment court programs. This study takes an access to justice approach in attempting to understand why some treatment court program participants successfully complete the program while others do not. "
  • The Economic Impact of Firearm-related Crime in Canada, 2008: "In 2008, the total economic and social costs of firearm - related crime in Canada were approximately $3.1 billion. This amounted to a per capita cost of $93 in that year. However, this is likely to be a conservative estimate due to the una vailability of data in many areas. For example, victims may develop mental health problems, such as depression, Post-Traumatic Stress Disorder (PTSD), substance abuse and suicidal behaviour. The associated costs are not included in this report due to data limitations . The costs outlined herein are borne by the criminal justice system, victims and third parties in general. The costs pertaining to the Canadian criminal justice system in 2008 amounted to approximately $302 million. A breakdown of the total criminal justice costs by sector reveals that policing services used the majority of justice expenditures on firearm - related crime (69.5%), followed by corrections (29.7%), courts (0.3%), prosecution (0.3%) and legal aid (0.2%). Victims bear the most direct and significant impact of crime. Many costs incurred are a direct result of victimization of firearm - related crime, such as health care cost, productivity losses and value of stolen/damaged property. The total victim costs were $2.7 billion in 2008, including both tangible and intangible costs."
The Weekly Checklist includes a listing of titles made available by the Parliament of Canada, federal departments, and Statistics Canada to the Depository Services Program for distribution to a network of Depository Libraries in Canada and abroad.

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Tuesday, April 02, 2013

International Comparison of Gun Control Laws

The Law Library of Congress in Washington has published a report entitled Firearms-Control Legislation and Policy: Comparative Analysis:
"This survey describes the different legal approaches taken by eighteen countries and the European Union (EU) with regard to ownership, possession, and other activities involving firearms. The individual reports cover laws, regulations, and directives, in addition to statistical and other relevant information on gun control. The reports also address the availability or lack thereof of a constitutional right to bear arms under foreign law; the scope of firearms-related activities that are subject to licensing; conditions for the issuance of licenses, including background checks of the applicant’s mental and criminal history; training, testing, and storage requirements; weapons bans; and registration procedures, including the use of a central register in some of the countries surveyed. Many reports describe legislative history and trends, which in some cases were influenced by rising crime levels or incidents of mass shootings. A bibliography of selected recent English language materials is included."
The jurisdictions included are Australia, Brazil, Canada, Egypt, Germany, Great Britain, Israel, Japan, Lebanon, Mexico, New Zealand, Norway, Russian Federation, Singapore, South Africa, Spain, Switzerland, European Union (minimum standards for members).

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posted by Michel-Adrien at 1:47 pm 0 comments

Thursday, November 17, 2011

Library of Parliament Legislative Summary of Bill To Abolish Firearms Registry

The Library of Parliament has published a legislative summary of Bill C-19: An Act to amend the Criminal Code and the Firearms Act. The bill proposes abolishing the federal government's long gun (shotguns and rifles) registry and destroying all of the associated data. Under the current legislation, long guns are neither prohibited nor restricted, but require registration:

"Under the Firearms Act, all firearms, including shotguns and rifles, were required to be registered by 1 January 2003. Every registered firearm is given a separate registration certificate, which is valid for as long as the person owns the firearm and the firearm continues to be a firearm. All transfers of firearms made after 1 December 1998 also require approval, so that a new registration certificate can be issued to the new owner."

"An amnesty is currently in place to protect certain individuals from criminal liability for unauthorized possession of an unregistered, non-restricted firearm, while they are taking steps to comply with the licensing and registration requirements of the Firearms Act. The amnesty, which is in effect until 16 May 2013, applies only to individuals who hold a valid firearms licence or who held a licence that expired on or after 1 January 2004 (...)"

"Bill C-19 amends the Criminal Code so that failure to hold a registration certificate for a firearm that is neither restricted nor prohibited does not give rise to any of the offences relating to unauthorized possession of a firearm, and does not allow police to seize that firearm."
It is possible to follow progress of the bill through Parliament on the LEGISinfo website.

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posted by Michel-Adrien at 6:29 pm 0 comments

Saturday, March 13, 2010

Harvard School of Public Health Firearms Research Digest

The Harvard School of Public Health has launched a new firearms research database.

The Firearms Research Digest currently covers the period 2003-2008. Eventually, it will include material from 1988 to today. Coverage is international.
"It includes research published in academic journals in social science and economics, criminology, medicine, public health, and public policy. Articles were identified through a search of the following academic indexes: the social science indexes Academic Search Premier and EconLit; the educational literature database ERIC; the psychiatry/psychology index PsychInfo; the public health and medical index, MEDLINE; and the legal and public records LexisNexis database."

"Search results provide full bibliographic citation and a brief summary of findings."

"Not included here are materials from non-academic sources (including government, law enforcement, and advocacy groups); studies of a purely medical nature (e.g., treatment of gunshot wounds); studies of a purely historical or antiquarian nature (e.g., Civil War firearms)." [from the About Us page]
There is an advanced search page that allows for searching by keyword, title, author, topic (subject taxonomy), publication, and year range.

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posted by Michel-Adrien at 3:52 pm 0 comments

Sunday, November 08, 2009

2008 Annual Report of the RCMP Commissioner of Firearms

It has been an interesting week for gun control in Canada.

On Wednesday, a majority of Members of Parliament voted in the House of Commons in favour of a private members' bill to abolish the federal long-gun registry which covers hunting rifles and shotguns. It now goes to committee.

The registry was created in response to the massacre of 14 women at Montreal's École Polytéchnique engineering school in 1989.

On Friday, the 2008 annual report of the federal Commissioner of Firearms was tabled in Parliament. The registry is strongly supported by law enforcement agencies across Canada.

For history of the federal gun registry, you can go to the site of the Canadian Broadcasting Corporation.

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posted by Michel-Adrien at 5:26 pm 0 comments

Tuesday, April 08, 2008

2006 Annual Report of the Canada Firearms Centre

The Commissioner of Firearms today released the 2006 Annual Report of the Canada Firearms Centre, the federal agency in charge of administering Canada's national gun registry.

The Centre has been a service of the Royal Canadian Mounted Police since May 2006. Prior to that date, it had been a stand-alone agency. The transfer was intended by the government to bring about a more effective alignment of gun control measures with inter-agency law-enforcement efforts to combat gun crime.

Among the highlights for 2006:
  • as of December 31, 2006, there were 7,102,466 registered firearms in Canada;
  • approximately 176,000 individuals were subject to firearms-prohibition court orders;
  • the Canadian Firearms Registry Online, a database available to police agencies to respond to emergencies and to assist in investigations, received 6,432 queries per day in 2006, for a total of 2,347,680 firearms-related queries from police about things such as the serial number or registration certificate number of a firearm, or the name and address of an individual and the number and type of guns that person owned

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posted by Michel-Adrien at 6:44 pm 0 comments

Wednesday, February 20, 2008

Statistics Canada Report on Gun Crime

Statistics Canada reported today that gun violence in Canada remained stable in 2006, but more young people are using weapons.

"Canadian police services reported just over 8,100 victims of violent gun crime, ranging from assault to robbery and homicide, accounting for 2.4% of all victims of violence. Handguns made up nearly two-thirds of all firearms used."

(...)

"Police-reported data showed that among young people, the use of guns in violent crime is increasing. The rate of youth aged 12 to 17 accused of a firearm-related offence has risen in three of the past four years, increasing 32% since 2002. The overall firearm-related crime rates for youth were driven primarily by robberies. "
There were 190 firearm-related homicides reported to Canadian police forces in 2006. The rate has remained more or less table over the past decade.

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posted by Michel-Adrien at 12:30 pm 0 comments

Friday, November 09, 2007

Library of Parliament Legislative Summary of Federal Omnibus Crime Bill

This is a follow-up to the October 18, 2007 Library Boy post entitled Canadian Government Tables Omnibus Crime Bill.

The Library of Parliament has prepared a legislative summary of Bill C-2: An Act to amend the Criminal Code and to Make Consequential Amendments to Other Acts:

"Bill C-2, An Act to amend the Criminal Code and to make consequential amendments to other Acts, was introduced and received first reading in the House of Commons on 18 October 2007. The bill – short title: Tackling Violent Crime Act – groups together five bills that had been dealt with separately in the first session of the 39th Parliament. The five broad categories of legislative measures will create two new firearm offences and provide escalating mandatory sentences of imprisonment for serious firearm offences, reverse the onus on those seeking bail when accused of serious offences involving firearms and other regulated weapons, make it easier to have someone declared a dangerous offender, introduce a new regime for the detection and investigation of drug-impaired driving and increase the penalties for impaired driving, and raise the age of consent for sexual activity from 14 to 16 years".

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posted by Michel-Adrien at 12:35 pm 0 comments

Wednesday, August 29, 2007

Small Arms Survey 2007 - Americans Own 30% of All the Guns in the World

This week, the Geneva-based Graduate Institute of International Studies released its Small Arms Survey 2007.

The Survey is supported by the Swiss Federal Department of Foreign Affairs, and receives contributions from the governments of Belgium, Canada, Finland, the Netherlands, Norway, Sweden, and the United Kingdom.

The survey covers issues such as firearms production, international small arms transfers, international transfer control initiatives, the impact of urbanization on armed violence, and the economics of small arms.

According to this year's report:

  • U.S. citizens own 270 million of the world's 875 million known firearms. This comes out to 90 guns for every U.S. 100 citizens. The U.S., representing 4.5% of the Earth's population, owns 30% of all the small firearms on the planet. If only the civilian-owned small arms (650 million) are counted, U.S. private citizens own 41.5% of all the non-police/non-military firearms.
  • India had the world's second-largest civilian gun arsenal, with an estimated 46 million firearms outside law enforcement and the military for a ratio of 4 guns per 100 people there. China comes 3rd with 40 million privately held guns, or 3 firearms per 100 people
  • On a per-capita basis, Yemen had the second most heavily armed citizenry with 61 guns per 100 people, followed by Finland with 56, Switzerland with 46, Iraq with 39 and Serbia with 38
  • France, Canada, Sweden, Austria and Germany each had about 30 guns per 100 people, while many poorer countries often associated with violence ranked much lower. The report states that gun ownership thus may be correlated with rising levels of wealth, and that means future demand may rise rapidly in parts of the world where economic growth is giving people larger disposable income
  • Overall, civilians own approximately 650 million of the total 875 million combined civilian, law enforcement, and military firearms in the world today
  • Five years ago, the Small Arms Survey had estimated there were a total of just 640 million firearms globally
  • At least 60 states made what could reasonably be interpreted as irresponsible small arms shipments to 36 countries during the period 2002–04
  • The more effective a country’s regulatory laws are, the higher weapons prices will be. In African countries, the price of an assault rifle is around 200 US dollars lower than the global average
  • Only about 12 per cent of civilian weapons are thought to be registered with authorities

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posted by Michel-Adrien at 7:13 pm 0 comments

Thursday, August 23, 2007

Australian Library of Parliament Report on Firearms

The Parliamentary Library in Australia recently published a "Background Note" entitled Firearms in Australia: a guide to electronic resources:

"On 28 April 1996, 35 people were killed and 18 others were wounded at Port Arthur in Tasmania by an assailant using a semi-automatic rifle. In response, The Australasian Police Ministers’ Council convened a special meeting on 10 May 1996 and agreed to a national plan for the regulation of firearms—the Nationwide Agreement on Firearms. This agreement banned self-loading rifles and self-loading and pump-action shotguns, introduced a nationwide registration of firearms along with limitations to firearm ownership, and led to the Australian firearms buyback scheme."

(...)

"This brief is a guide to some of the literature, statistics and information on firearm ownership, firearm offences, firearm controls and government policies since the Port Arthur massacre in 1996".
For a comparative perspective, here are some earlier Library Boy posts on the topic of firearms legislation and gun control:
  • Gun Control Resources (December 10, 2005): "On Thursday, as part of its platform in the January 23, 2006 federal elections, the Liberal Party of Canada proposed a sweeping national ban on handguns (...) To understand the debate, here are various resources [list of resources from Canada, the UK, United States, Australia, international]"
  • Reverse Onus in Gun-Related Bail Hearings (January 4, 2006): "In the aftermath of the Boxing Day gangbanger shoot-out in the middle of Canada's busiest shopping street (Toronto's Yonge St.) that left an innocent 15-year old dead, officials such as Prime Minister Paul Martin have called for reforms to Canadian bail practices. They want to to change bail conditions so people charged with gun offences can be kept behind bars unless they could show good cause for being released, something known as 'reverse onus' (...) There are already a number of offences enumerated under section 515(6) of the Criminal Code that place the onus on the accused to justify bail. The section lists offences, such as commiting a crime while on bail, as part of a criminal organization, terrorism-related offences, narcotics-related offences, etc."
  • New Compendium of U.S. Gun Laws (August 23, 2006): "A group called Legal Community Against Violence, a San Francisco- based public interest law centre dedicated to preventing gun violence, has just released a comprehensive overview of U.S. federal and state laws on gun control. The report looks at gun laws in a number of broad areas: classes of weapons, restrictions on sales and transfers, gun dealers, gun ownership, consumer and child safety, crime detection (ballistic identification, retention of sales records, background checks)."
  • Updated Library of Parliament Report on Mandatory Minimum Sentences for Gun Crimes (March 10, 2007): "The document includes sections on: History of Minimum Sentences for Firearm Offences; Constitutionality of Mandatory Minimum Sentences; Effect of Mandatory Minimum Sentences on Gun Crime ...; Description and Analysis"
  • Criminal Intelligence Service 2007 Annual Report on Organized Crime in Canada (August 18, 2007): "Canada's Criminal Intelligence Service has just released its latest annual report on the activities of organized crime in Canada. This year's report contains a special feature section on the illegal firearms market."

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posted by Michel-Adrien at 6:49 pm 0 comments

Saturday, August 18, 2007

Criminal Intelligence Service 2007 Annual Report on Organized Crime in Canada

Canada's Criminal Intelligence Service has just released its latest annual report on the activities of organized crime in Canada. This year's report contains a special feature section on the illegal firearms market.

The Service coordinates the criminal intelligence units of Canadian law enforcement agencies at the federal and provincial levels of government. It is chaired by the Commissioner of the Royal Canadian Mounted Police.

According to the report, Canada now has 950 identifiable organized crime groups operating across the country, a jump of 20% from the 2006. This may look like bad news but police intelligence authorities attribute the number to better reporting practices.

Organized crime groups come in a wide variety of forms, from highly structured motorcycle gangs to loose street gangs. 80% of them are active in narcotics.

The report notes the increased use of technology by organized crime groups: Blackberries and Windows are becoming as important as Magnum .357s and machetes. According to police, there is a growing trend towards techno-crime involving identity theft, telemarketing fraud, stock and mortgage fraud, committed using a variety of techniques ranging from dumpster diving, modification of bank machine card readers, and online data mining to hacking into corporate databases.

Despite these new trends, narcotics continue to be the major source of profits for Canadian crime groups.

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posted by Michel-Adrien at 6:38 pm 0 comments

Saturday, March 10, 2007

Updated Library of Parliament Report on Mandatory Minimum Sentences for Gun Crimes

The Parliamentary Information and Research Service of the Library of Parliament recently published an update to its legislative summary entitled Bill C-10: An Act to amend the Criminal Code (Offences Involving Firearms):

"Bill C-10, An Act to amend the Criminal Code (offences involving firearms), was introduced and received first reading in the House of Commons on 4 May 2006, followed by second reading and referral to the House of Commons Standing Committee on Justice and Human Rights on 13 June 2006. Its primary objectives were to increase mandatory minimum terms of imprisonment for individuals who commit serious or repeat firearm offences, and to create the new offences of breaking and entering to steal a firearm and robbery to steal a firearm".

"Bill C-10 was significantly amended by the Standing Committee on Justice and Human Rights, which reported the bill back to the House of Commons on 21 February 2007. All mandatory minimum penalties were removed, leaving the two new offences accompanied only by maximum penalties of life imprisonment. A few other, less substantive provisions remained intact, resulting in an amended bill with 9 clauses, compared to the original 31".

The document includes sections on:
  • History of Minimum Sentences for Firearm Offences
  • Constitutionality of Mandatory Minimum Sentences
  • Effect of Mandatory Minimum Sentences on Gun Crime:
    1. Canada
    2. United States
    3. Effect of Imprisonment Generally
    4. Incidental Effects of Mandatory Minimum Sentences
  • Description and Analysis

Earlier Library Boy posts on the subject include:

  • Library of Parliament Mini-Review of Mandatory Minimum Sentencing (March 22, 2006): "The document states that studies show that a direct cause and effect relationship between mandatory minimums and a decline in crime rates can not be drawn; as well, given the many factors that can explain crime trends, studies on the effects of such sentences are considered difficult to interpret... And since the accused has no incentive to plead guilty, some fear that mandatory minimums can lead to costly trials."
  • Tougher Mandatory Minimum Sentences for Gun Crimes (May 4, 2006): "Today, Minister of Justice and Attorney General of Canada Vic Toews introduced bills to increase mandatory minimum penalties for gun crimes and to restrict conditional sentences for violent offenders."
  • Reverse Onus for Gun Crimes (November 26, 2006): "The federal government's proposed new gun crimes legislation would put the burden on serious gun crimes suspects seeking bail to show cause why they should not stay in custody... On January 2, the Globe and Mail, in an article entitled 'Targeting gun offences presents legal quagmire', quoted various legal experts as saying it is a 'total crap shoot' whether reverse onus would survive a constitutional challenge under the Canadian Charter of Rights and Freedoms."

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posted by Michel-Adrien at 8:56 pm 0 comments