Last week, Public Safety Canada released a statement on a hotly contested piece of legislation that could become the strictest gun law in North America. Bill C-21, which was first introduced one year ago, proposes amendments to four federal laws: the Criminal Code, the Firearms Act, the Nuclear Safety and Control Act, and the Immigration and Refugee Protection Act.

Bill C-21 is currently at the committee stage, so it is a long way from becoming law. If it passes, though, it has major ramifications for those living in or coming to Canada.

Below is everything you need to know about this huge bill as it relates to criminal law:

Key Amendments to the Criminal Code

  1. Replica Firearms: the bill gives an enhanced, wider definition of replica firearms. Replica firearms are already a prohibited device, so this amendment prohibits more types of fake guns.
  2. No Altering Cartridges: a brand-new offence would be added to the Criminal Code. Even if the firearm itself is not a prohibited device, altering the magazine cartridge can turn it into a prohibited device if the alteration would cause the magazine to exceed its lawful capacity. This carries a maximum sentence of five years in prison.
  3. Orders on Emergency Prohibition or Emergency Limitations on Access: not only would the bill prevent more firearms from entering and/or remaining on the market, but it also calls for the empowerment of individuals to bar others from acquiring or in some ways accessing prohibited devices for public safety reasons. The individual seeking this order would apply to a provincial court judge who would hold a hearing with the applicant to determine whether public safety or the safety of the gun owner is at stake. If the applicant can satisfy the judge that this criterion is met, the order will be granted. These orders could last indefinitely.
  4. Stiffer Sentences: a four-year increase (i.e., from 10 to 14 years) in the maximum prison term for certain possession offences, as well as trafficking and importing and exporting firearms.

Implications of These Amendments: What Does the Future Hold?

As the government attempts to push the committee debates along, Canadians are looking to the future of firearms and their impact on our communities. The focus of Bill C-21 is really to ban assault weapons in general, as well as preventing guns from getting into the wrong hands. It is apparent that the government hopes that by limiting the kinds of firearms available, what they can be used for, and who can own and operate them, these goals will be achieved.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.