Opponents of a bill to get guns out of the wrong hands say the move could actually undermine efforts to provide more safety to citizens, especially women at risk of domestic violence.
A government bill, currently being considered by MPs, would allow an individual to apply to court for an emergency injunction which would prohibit a person likely to cause violence, such as a stalker or abuser, from possessing a firearm for a maximum of 30 days.
The identity of the person filing the petition can be kept confidential and the case can proceed without the gun owner being present in court.
Several organizations told the Commons Public Safety Committee that this “red flag measure” was problematic and a legislative error.
Heidi Rathjen, coordinator of the firearms control group PolySeSouvient, even declared during a committee hearing that no women’s organization had demanded this measure from the government.
Under current law, a woman who fears violence from someone who owns a gun can call the police, who can then investigate and remove the guns if they conclude there is a real risk. However, by forcing a potential victim to resort to the courts, pleads Ms. Rathjen, the “red flag measure” could allow the police to discharge this responsibility.
“We believe that the existence of such a measure will undermine the reforms that need to take place, in these kinds of cases where the police do not take complaints seriously enough,” she told the committee. And that should be the goal of improving the system, because it is the most effective system in terms of protecting victims and potential victims, especially in cases of domestic violence. »
PolySeSouvient brings together students and graduates of the École polytechnique de Montréal, where a man had killed 14 women in 1989.
In a written brief presented to the committee, the organization says the introduction of these new “red flag measures” for victims also shows a lack of understanding of the nuances of “intimate partner violence.”
“Indeed, it is unrealistic to expect victims to have the means and the courage to go to court when they face simultaneous challenges, such as escaping violence, dealing with their children and keep their jobs,” the brief read.
Quickly remove weapons
In its brief to the committee, the National Association of Women and the Law says the court process is likely to be risky and inconvenient for women whose safety is at risk.
The association wants MPs to strengthen the law to ensure the prompt removal of firearms from an owner where a risk of harm is evident.
“Acting extremely quickly can be essential to avert femicide,” reads her brief. Too many steps or confusion about who pulls the guns and when can have tragic consequences. »
Louise Riendeau, of the Regroupement des maisons pour femmes victims de violence conjugale, told the Commons committee that the “red flag measure” should be removed from the bill because it could harm more women than it would help. .
The existing law is both “sufficient and preferable to the proposed amendments” to the red flag measure, the Canadian Bar Association said in a brief to MPs.
The association suggests that allowing the identity of the person going to court to remain sealed could lead to abuse by a vengeful individual.
“The police officers themselves are vulnerable to false complaints under these provisions, pleads the association. An aggrieved person, who has been arrested, can present a one-sided account of the interaction in court. There is no cross-examination or opportunity to check records. »