Law Times

Law Times • July 13, 2015 Page 11 www.lawtimesnews.com Firearms act a major issue for gun lawyers Specialists concerned about criminal charges for simple breaches By michael mckiernan For Law Times he Firearms Act pro- vides Solomon Fried- man with a steady stream of clients who might not normally need to have the number of a criminal lawyer on hand. The Ottawa lawyer, a partner with criminal law specialists Edel- son Clifford D'Angelo Friedman Barristers LLP, estimates almost a quarter of his files involve oth- erwise law-abiding people who find themselves facing criminal charges for breaches of the act's rules that could be as simple as failing to renew a firearms licence on time. Friedman, however, says he'd gladly give up the extra busi- ness if it meant a change in the law. "I always say it's an area of my practice I wish would just dis- appear because I think people should not be charged with crimi- nal offences for violating the regu- latory part of the Firearms Act," he says. Friedman has made a name for himself as an expert on the law surrounding firearms in Canada, having first taken up shooting as a hobby during law school studies at the University of Ottawa. He now testifies before legislative commit- tees in Parliament on the issue and has already appeared twice at the Supreme Court of Canada on gun-related cases within five years of his call to the bar in Ontario. He also runs the web site firearmslaw. ca that attracts about 11,000 visi- tors each month and has a You- Tube channel with more than 1,000 subscribers. When the government passed the Firearms Act as Bill C-68 in 1995, it attracted the ire of Re- form Party leader Preston Man- ning, who called it "a blight" on the legislative record. Seven years later, Manning's protegé, Stephen Harper, would invoke his former leader's words: "Bill C-68 has proven to be a bad law and has created a bureaucratic nightmare for both gun owners and the gov- ernment. As leader of the official opposition, I will use all powers afforded to me as leader and con- tinue our party's fight to repeal Bill C-68 and replace it with a firearms control system that is cost-effective and respects the rights of Canadians to own and use firearms responsibly," said Harper during his 2002 cam- paign for the leadership of the Canadian Alliance. "Thus far, it hasn't hap- pened. We've had some piece- meal reform," says Friedman, acknowledging the abolition of the long gun registry. "In my view, this is not something that should be ac- complished piecemeal but by fundamentally distinguishing between regulatory offences and true crimes." The government's latest ef- fort at gun law reform under Bill C-42, the Common Sense Fire- arms Licensing Act, received royal assent just before Parlia- ment's summer break. Friedman says he welcomes some of the measures in the bill, such as the introduction of a six-month grace period before the non-renewal of a firearms licence can result in criminal charges, but he'd still like to see more changes. "It's a move in the right direc- tion, but what I would say is that it's a Band-Aid solution to a sys- temic problem," he says. It has been a busy year for those interested in Canadian fire- arms law. In March, the Supreme Court halted Quebec's bid to raid the records of the now-abolished federal long gun registry as part of its efforts to create a provincial version. The court ruled 5-4 that the federal government could de- stroy the Quebec records it held. In April, the nation's top court again had its say on firearms law, this time ruling that the Conser- vative government's mandatory minimum sentence for posses- sion of loaded prohibited fire- arms was unconstitutional. In R. v. Nur, a 6-3 majority of the court ruled the legislation breached s. 12 of the Charter of Rights and Freedoms that protects against cruel and unusual punishment thanks to the reasonably fore- seeable impact on minimally blameworthy offenders. "Firearms are inherently dan- gerous and the state is entitled to use sanctions to signal its disap- proval of careless practices and to discourage gunowners from making mistakes, to be sure. But a three year term of imprison- ment for a person who has es- sentially committed a licensing infraction is totally out of sync with the norms of criminal sen- tencing," wrote Supreme Court Chief Justice Beverley McLachlin for the majority. Friedman appeared at the top court representing the Na- tional Firearms Association, an intervener in the case. "It was a watershed moment for the Supreme Court because it recognized that some viola- tions of the Criminal Code are really more akin to licensing violations as opposed to true crimes," he says. "This is a regulatory regime where your first stop for any violation is the criminal law." Ed Burlew, a Thornhill, Ont. lawyer who specializes in fire- arms law, says any kind of legisla- tive action on guns is difficult be- cause people base their positions on "emotions, not facts." "When people approach this subject and try to apply logic, they very quickly get frustrated because it defies logic," says Burlew. Firearms are in Burlew's blood. His father was a keen hunter and Burlew himself shot his first deer at the age of 10. "Since I was a small boy, I've loved hunting and shooting. I've always been an outdoorsman," he says. The 1995 Firearms Act proved a turning point for Burlew's legal career after some of his hunting friends encouraged him to dig deeper into the underserved area. "I took a year and studied all the case law there was on firearms not only in Canada but for other Commonwealth countries, too, and the United States," he says. Burlew also spent some time figuring out who he wanted to represent in his firearms practice, ruling out "gangsters and gang members" in favour of hobby- ists and other licensed shooters. In the two decades since then, he has acted for gun and conserva- tion clubs in municipal licensing matters, gun dealers and import- ers, and numerous individuals facing criminal charges for Fire- arms Act offences. He also runs a toll-free phone number where he offers legal information for callers from all over Canada and the United States and is the law- yer the National Rif le Associa- tion tells its American members to call when they run afoul of Canada's firearms laws. "The one big thing you have to have when you do this is cred- ibility," says Burlew. "You've got to walk the talk because gun owners can sniff out fakers. You have to know and understand and enjoy the culture." LT FOCUS TF: 1.888.223.0448 T: 416.868.3100 Since 1936 Thomson, Rogers has built a strong, trusting, and collegial relationship with hundreds of lawyers across the province. As a law firm specializing in civil litigation, we have a record of accomplishment second to none. With a group of 30 litigators and a support staff of over 100 people, we have the resources to achieve the best possible result for your client. Moreover, we are exceptionally fair when it comes to referral fees. We welcome the chance to speak or meet with you about any potential referral. We look forward to creating a solid relationship with you that will benefit the clients we serve. www.thomsonrogers.com YOUR ADVANTAGE, in and out of the courtroom. (YHU\WLPH\RXUHIHUDFOLHQWWRRXUßUP\RXDUHSXWWLQJ \RXUUHSXWDWLRQRQWKHOLQH,WLVDOODERXWWUXVWZHOOSODFHG TRUST ROBERT BEN | DAVID MACDONALD | IAN FURLONG Untitled-1 1 2015-07-08 11:45 AM T Solomon Friedman has significant concerns about the criminal consequences of regulatory infractions under the Firearms Act. encourages readers to send us letters, but will edit them for space, taste, and libel consideration. Please provide your name, address and contact number and send all letters to: L Law Times, 2075 Kennedy Rd. Toronto, ON • M1T 3V4 E-mail: glenn.kauth@thomsonreuters.com

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